182216-0 Sole Source BNJ- Mass Ingenity Services only- v3 3-8-24 ER.docx

SOLE-SOURCE DETERMINATION MEMORANDUM

and BRAND NAME SPECIFICATION

· Estimated Total Price: $91,674.00

1. REQUEST SUMMARY AND AUTHORITY.

1.1 Request Summary. This request pertains to the sole source determination for the Office of Information Services (OIS) to receive implementation services for activating its Results Software tenant. The focus of this activation includes setup, deployment, onboarding, drivers, work streams, and outcomes.

The Agency is seeking to award a contract through Oregon’s Cloud Solutions Reseller price agreement with SHI, Inc. and has provided an attached brand name specification based on services needed related to an already obtained product (see Attachment 1). Given that SHI, Inc. is currently the exclusive reseller, the Agency has determined it to be the Sole Source for purchasing these services.

1.2 Sole Source Authority. ORS 413.033 authorizes OHA to award a contract resulting from a sole-source procurement that complies with ORS 279.075 and OAR 137-047-0275.

2. PURCHASE HISTORY AND INFORMATION.

1.1 Background. Under Contract #159956 with Mass Ingenuity, the owner of the RESULTS SaaS Key Performance Measures Reporting software, and supported by Special Procurement (SP) 1102-19, the Agency has full authority to procure directly and use the software. However, the related implementation services were not explicitly outlined in the Contract or Special Procurement for new areas that have not traditionally adopted this software.

The Office of Information Services (OIS) aim to activate their Results Software tenant. Although these services are not explicitly listed in existing agreements with Mass Ingenuity, they are available through our Cloud Solution Price Agreements. Specifically, SHI, Inc. (Vendor) is the sole authorized reseller of the price agreement vendors permitted to sell to Oregon, creating a sole source situation for obtaining this brand name proprietary product-related service.

For additional historical and background information pertaining to the product this service is intended for, see Attachment 2. This document offers supplementary details about the initial Special Procurement, as indicated in the Request for Special Procurement SP 1102-19 (DHS 4750), along with its subsequent amendment (DHS 5197).

1.3 Current Purchase and Procurement Method.

Agency will purchase implementation services to activate its own Results Software tenant that includes:

· Setup and Deployment of OIS Results Software Tenant

· Migration of OIS data from OHS RSW Tenant to OIS Results Software Tenant

· Onboarding of Results Software

· Analytics and Deployment of Results Software Visual Reports

· Migration and modernization of current business review processes

· Organizational change management support

Agency will post notice of this Sole Source Determination and Brand Name Specification on OregonBuys for seven days. If no protests are received, it will award a contract to Vendor at the end of that time.

1.4 Vendor Information.

3. PROTESTS, QUESTIONS, and SOLE POINT OF CONTACT.

Protests are due within seven calendar days after the first date the notice is posted on OregonBuys, by the closing time stated in the notice summary. Protests must be in writing-- protests via telephone will not be accepted. For this purpose, “writing” includes email as well as paper documentation received by mail or hand-delivery by the indicated time and date at the following address.

Mail or Hand-delivery:

Oregon Department of Human Services Office of Contracts & Procurement ATTN: Enrique Rodriguez 500 Summer St, Suite E03 Salem, OR 97301 Email: enrique.rodriguez@odhsoha.oregon.gov Phone: 503-569-8279 (for inquiries only—no protests will be accepted by telephone)

3. FINDINGS OF FACT.

Pursuant to ORS 279B.075, Agency conducted market research supporting the assertion that only one source to sell the service related to the proprietary product. It made the written determination in Attachment 1 that only this service or its equivalent will meet its needs, and no equivalent product exists that can replace it.

Agency makes the following findings as required by statute to support its determination that Vendor is the sole source for the service:

Pursuant to ORS 279B.075 (2)(d), other findings that support the conclusion that the goods or services are available from only one source: The agency carefully assessed the Buy Decision and determined that leveraging the statewide Cloud Solutions agreement is the optimal strategy for acquiring these services. This decision stems from the fact that the sole vendor with the capability to provide these services is already on a price agreement. Given the exclusivity of these services to a specific product, and considering the Agency’s active software contract with the manufacturer that aligns seamlessly with the agency's requirements, coupled with the crucial factor that this product is exclusively available for purchase through a single authorized reseller, it establishes said reseller as the exclusive source for the required service.

APPROVED BY:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

Attachment 1

DETERMINATION OF BRAND NAME SPECIFICATION

Authority: OHA has the authority under ORS 413.033 to use a Brand Name Specification in compliance with ORS 279B.215.

1. Brand Name: Mass Ingenuity

1.1 Product Cost.

1.2 Product Description: The RESULTS SaaS Key Performance Measures Reporting software, obtained through Contract #159956 with Mass Ingenuity, and supported by Special Procurement (SP) 1102-19, facilitates comprehensive tracking and reporting across ODHS and OHA Divisions and Programs.

Under the existing contract, the agency has full authorization to use the RESULTS SaaS Key Performance Measures Reporting software. However, as the related implementation services were not explicitly outlined, OIS and Enterprise Performance Management (EPM) are needing to purchase them to activate their Results Software tenant, necessitating external services for successful implementation.

1.3 Brand Name:

Legal Entity: Mass Ingenuity

2. BACKGROUND. As previously stated, the RESULTS SaaS Key Performance Measures Reporting tool, obtained through Contract #159956 with Mass Ingenuity and supported by Special Procurement (SP) 1102-19, facilitates comprehensive tracking and reporting across ODHS and OHA Divisions and Programs.

Initially designed for agency performance management systems, the success of the RESULTS software has led to expanded usage within ODHS and OHA. In response to newfound demand in areas unfamiliar with the software, the Office of Information Services (OIS) seeks implementation services for activating its Results Software tenant, focusing on setup, deployment, onboarding, drivers, work streams, and outcomes.

Under the existing contract, the agency has full authorization to use the RESULTS SaaS Key Performance Measures Reporting software. However, as the related implementation services were not explicitly outlined for new areas, OIS and Enterprise Performance Management (EPM) are committed to activating their Results Software tenant, necessitating external services for successful implementation.

While these services aren't explicitly listed in the current agreements with Mass Ingenuity, they are available through Cloud Solution Price Agreements. SHI, Inc. is the exclusive reseller authorized to sell to Oregon under these agreements, creating a sole source situation for obtaining these brand name proprietary product-related services.

Therefore, the agency is seeking purchasing services through Oregon’s Cloud Solutions Reseller price agreement with SHI, Inc., considering it the Sole Source for the required implementation services. For detailed product specifications, refer to Attachment 2.

3. FINDINGS. Based on the findings below, OHA has determined that use of a brand name specification for this service is advantageous due to the proprietary nature and the inherent quality, performance, functionality, and thorough knowledge by the manufacturer of the product being supported.

OHA needs the service to ensure that OIS will be fully supported in its implementation needs.

Findings to satisfy required standards:

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

· OHA is purchasing Mass Ingenuity services through a statewide price agreement, which was awarded to the vendor pursuant to a competitive process. Agencies can use a brand name justification to determine the best product to purchase from them. Competition will not be diminished because no other product is equivalent to the quality, performance, and function of Mass Ingenuity.

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

· Selecting Mass Ingenuity services through a brand name specification yields substantial cost savings for both the agency and the public. This decision is rooted in multiple factors that enhance efficiency and effectiveness in performance management. As the sole proprietary software already contracted with the agency, Mass Ingenuity ensures seamless integration without incurring additional compatibility costs. Moreover, the widespread familiarity with Mass Ingenuity's methodology across various departments minimizes the need for extensive training efforts. By aligning with existing practices and avoiding duplication of efforts, the agency streamlines processes and optimizes resource allocation. Overall, utilizing Mass Ingenuity services as a brand name specification not only delivers tangible cost savings but also enhances performance management practices throughout the organization.

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

(i) Functionality and Performance.

· Mass Ingenuity is the sole proprietary software on the market that is already under contract with the Agency. The current software environment for the Agency has fully adopted its use. There are no other providers of these services to implement the software. OIS currently uses the Mass Ingenuity methodology manually and would like to implement the software to make the process easier.

(ii) Quality.

· Mass Ingenuity is an industry leader in performance management methodology and software. This methodology is already in wide use across OIS and has significantly increased understanding of performance measures and how to improve them. No other performance management software was considered since ODHS and OHA both use this software and OIS already uses the methodology.

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

· Because OIS uses the performance management methodology from Mass Ingenuity and because both ODHS and OHA both use the Mass Ingenuity software, OIS chose to move their manual process to the software already in use.