180540 solesourcetruthInitiative09August2023.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES - 5698

Date: May 9, 2023 Sole source number: 5698 Open Market Bid S- 44300-00007809

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

Requestor: Trisha Brennan Agency/division: Oregon Health Authority – Public Health Division, herein after referred to as “Agency” Program/office: Health Promotion & Chronic Disease Prevention Section Contract specialist:

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: $117,500

Description of goods or services:

This contract supports the promotion and implementation of Truth Initiative’s This is Quitting program in Oregon. Truth Initiative will provide Oregon specific text services to support youth vaping cessation and will refer users to Oregon’s cessation resources. All texting support and promotional services will be offered in both English and Spanish. We are pursuing this as a sole source contract because the Turnkey Social Media Service, existing trainings, and customizable, bilingual services are unique to Truth Initiative and can’t be provided through another contractor see Exhibit 1.

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

This contract supports the promotion and implementation of Truth Initiative’s This is Quitting program in Oregon. Truth Initiative will provide Oregon specific text services to support youth vaping cessation and will refer users to Oregon’s cessation resources. All texting support and promotional services will be offered in both English and Spanish.

We are pursuing this as a sole source contract because the Turnkey Social Media

Service, existing trainings, and customizable, bilingual services are unique to Truth Initiative and can’t be provided through another contractor. See Exhibit 1.

Truth is the only national contractor that centered youth cessation at the onset of its program/service creation. They are the only contractor that conducted youth focus groups, etc. to generate and approve content and messaging, and they are the only national contractor whose sole focus is youth cessation.

Our existing Quit Line contract with Optum/RVO Health has a program that supports youth cessation called “Live Vape Free”. However, this program is oriented toward parents and guardians, not youth users. Optum has not done any product testing with and for youth and does not offer any youth-specific program messaging, much less youth-specific marketing materials. Optum also does not provide youth programming in Spanish.

2. Prospective contractor/vendor:

Legal entity name: Truth Initiative Foundation DBA: Truth Initiative Address: 900 G Street, NW, Fourth Floor, Washington, D.C., 20001 Contact person: Christy Hartsell Phone: 202-454-5568 Email: chartsell@truthinitiative.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: Dave Reynolds Address: 500 Summer Street NE, E-03 Salem, OR 97301 Phone: 503-871-4880 Fax: 503-378-4324 Email: David.reynolds@odhsoha.oregon.gov

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.

3. Written findings of fact (market research):

Pursuant to ORS 279B.075, Agency conducted market research that supports the assertion that there is only one source that can provide the goods or services. The Agency research included utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc. Additionally, the agency requested from the contractor a letter indicating their sole source nature See Exhibit 1.

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. See Exhibit 1.

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. See Attachment 1 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. [Enter supporting documentation] 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.

Truth Initiative is the owner, operator, and sole provider of This is Quitting, a text messaging program that helps young people quit vaping.

Developed by Truth Initiative and leveraging the power of the truth® brand, This is Quitting provides text messages to support teens and young adults on their journey to quit vaping. Designed to deliver a peer-to-peer experience, the program incorporates messages from young people who have attempted to, or successfully quit, e-cigarettes.

Our messages show the real side of quitting – both the ups and downs – to help young people feel motivated, inspired, and supported throughout their quitting process. The program also delivers evidence-based tips and strategies to quit nicotine and stay quit.

Please see Exhibit 1 letter titled TruthInitiative_TIQSoleSourceLetter_Oregon_2023.05.09

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: Trisha Brennan Agency/division: Oregon Health Authority – Public Health Division, herein after referred to as “Agency” Program/office: Health Promotion & Chronic Disease Prevention Section

Agency Brand name statute/rule: Brand name authority:

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

OHA ORS 279B.215 ORS 413.033

Total estimated cost: $117,500

2. Brand name to be acquired:

Legal entity name: Truth Initiative Foundation DBA: Truth Initiative Address: 900 G Street, NW, Fourth Floor, Washington, DC 20001 Contact person: Christy Hartsell Phone: 202-454-5568 Email: chartsell@truthinitiative.org

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: [Enter supporting documentation] or Use of a brand name specification would result in substantial cost savings to the agency or the public because: [Provide total estimated cost savings to be gained and rationale for determining cost savings] or There is only one manufacturer or seller of the product of the quality, performance or functionality required; because:

Truth Initiative is the owner, operator, and sole provider of This is Quitting, a text messaging program that helps young people quit vaping.

or The efficient utilization of existing goods requires the acquisition of compatible goods or services because: [Enter supporting documentation]

FINDINGS

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