178103-0 SoleSource.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 10/18/2022 Sole source number: S-10000-00004730

To: Kirk N. Rhoades, Designated Procurement Officer DHS Office of Contracts & Procurement

Requestor: Don Wall Agency/division: Oregon Department of Human Services and Oregon Health

Authority, herein after referred to as “Agency” Program/office: Office of Information Services, IT Asset Management Contract specialist:

Agency Sole source rule: Sole source authority:

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

DAS Delegation 649-11, as amended

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $500,000

Description of goods or services: This will allow ODHS/OHA time to conduct a cooperative procurement between both agencies to meet our future need, the RFP NTE will be $500K for five years.

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

Several units within ODHS and OHA acquired Articulate software over a decade ago.

These individual programs/business units built e-learning content in support of various agency and legislation-mandated work efforts.

The Articulate 360 product has been found to be compatible with multiple Learning Management Systems, including Workday Learning which is the agency standard for employee training.

Articulate Storyline was originally procured via our Software Value Added Reseller (SVAR) agreement. Articulate has since discontinued the Storyline product and moved everything to Articulate 360 in the cloud. Articulate has chosen to offer this product on the SVAR cloud agreement.

Best efforts were utilized to confirm appropriate procurement processes and conformance to applicable procurement rules and laws in place at the time.

Unfortunately, the use of Articulate increased among the programs, across both ODHS and OHA, until it became apparent that it was no longer feasible to administer these as separate ‘projects’ and the determination has been made in collaboration with the Office of Contracts & Procurement to request a Sole Source procurement to award an ODHS Master Agreement, for the ability to make additional new purchases of licenses and continue to renew licenses currently in the ODHS/OHA environment.

2. Prospective contractor/vendor:

Legal entity name: Articulate

DBA:

Address: 244 5th Avenue #2960 New York NY 10001 Contact person: Nina Roper Phone: 800.861.4880 Email: sales@articulate.com and success@articulate.com

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 following address: Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts and Procurement ATTN: Chrissy West Address: 635 Capitol Street NE, Rm 350, Salem, OR 97301

Phone: 971-345-7109 Fax: 503-378-4324 Email: christine.west@dhsoha.state.or.us

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.

mailto:sales@articulate.com mailto:christine.west@dhsoha.state.or.us

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. ODHS and/or OHA own the created training content and Articulate owns the software.

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.

or 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.

Rebuilding countless e-learning unites across multiple business programs would be a significant lift, significantly disrupting several mandatory (legislatively driven) efforts, and redirecting needed staff time from other projects.

The Articulate 360 product has been found to be compatible with multiple Learning Management Systems, including Workday Learning which is the agency standard for employee training. Articulate does not work with software resellers for their Articulate 360 product.

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.

ATTACHMENT 1

DETERMINATION OF BRAND NAME SPECIFICATION

Requestor: Don Wall Agency/division: Oregon Department of Human Services and Oregon Health

Authority, herein after referred to as “Agency” Program/office: Office of Information Services, IT Asset Management

Agency Brand name statute/rule: Brand name authority:

DHS OAR 125-247-0691 OAR 125-246-0170(2)

DAS Delegation 649-11, as amended

OHA ORS 279B.215 ORS 413.033

Total estimated cost: $500,000

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

Several units within ODHS and OHA acquired Articulate software over a decade ago.

These individual programs/business units built e-learning content in support of various agency and legislation-mandated work efforts.

The Articulate 360 product has been found to be compatible with multiple Learning Management Systems, including Workday Learning which is the agency standard for employee training.

Articulate Storyline was originally procured via our Software Value Added Reseller (SVAR) agreement. Articulate has since discontinued the Storyline product and moved everything to Articulate 360 in the cloud. Articulate has chosen to remove this product from the SVAR cloud agreement.

Best efforts were utilized to confirm appropriate procurement processes and conformance to applicable procurement rules and laws in place at the time.

Unfortunately, the use of Articulate increased among the programs, across both ODHS and OHA, until it became apparent that it was no longer feasible to administer these as separate ‘projects’ and the determination has been made in collaboration with the Office of Contracts & Procurement to request a Sole Source procurement to award an ODHS Master Agreement, for the ability to make additional new purchases of licenses and continue to renew licenses currently in the ODHS/OHA environment.

2. Brand name to be acquired:

Legal entity name: Articulate

DBA:

Address: 244 5th Avenue #2960 New York NY 10001 Contact person: Nina Roper Phone: 800.861.4880 Email: sales@articulate.com and success@articulate.com

3. Findings to satisfy required standards:

Use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts because:

or Use of a brand name specification would result in substantial cost savings to the agency or the public because:

or

There is only one manufacturer or seller of the product of the quality, performance or functionality required; because:

or The efficient utilization of existing goods requires the acquisition of compatible goods or services because:

FINDINGS

The findings are accepted, adopted, and incorporated by reference herein.

mailto:sales@articulate.com