188171-0 Sole Source Determination Form.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 8/28/26 Sole source number: S-10000-00017879

To: Kirk N. Rhoades, Designated Procurement Officer

ODHS Office of Contracts & Procurement

Requestor: Josh Goller

Agency/division: ODHS/VR

Program/office: Work Incentives Network (WIN)

Contract specialist:

Agency Sole source rule: Sole source authority:

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

DAS Delegation REQ-10000-00020921

(was 649-11), as amended

Estimated total contract value: $79,008.25

Description of goods or services: HotDocs

1. Background: HotDocs is a document automation and assembly software used by the Work Incentives Network (WIN) program managers and WIN contractors. WIN has utilized HotDocs since 2009. It was previously available as downloadable desktop software but shifted to an online subscription-based model in recent years. WIN managers spent considerable time building templates for use by WIN contractors to complete detailed Benefits Summary & Analysis (BSA) reports and HotDocs. These templates are only compatible with HotDocs. At this time, HotDocs remains uniquely suitable to the WIN program’s needs and provides the most efficient means of providing BSA reports. Its renewal at the end of the current contract period (which expires 9/22/26) will ensure Oregonians with disabilities who seek benefits planning through WIN do not experience undue delays in receiving the written benefits analysis they need to make informed decisions about pursuing employment.

2. Prospective contractor/vendor:

Legal entity name: HotDocs Corporation

DBA: Mitratech HotDocs, Inc.

Address: 13301 Galleria Circle, Building B, Suite 200, Bee Cave, TX 78738

Contact person: Danny Canales

Phone: 855-462-6448

Email: Danny.Canales@mitratech.com

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 email. Protests via telephone will not be accepted.

Oregon Department of Human Services

Office of Contracts and Procurement

ATTN: Burke Barnett

Address: 500 Summer St NE, E-03 Salem, OR 97301

Phone: 503-910-7821 Fax:

Email: Burke.C.Barnett@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):

The findings below must include factual information supporting the determination that meets 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. Mitratech terms and conditions, which were last updated 7/2/26, confirms (in item 8) that the customer (in this case ODHS) will maintain ownership of all data used in the HotDocs software.

Specifically, “Proprietary Rights. Mitratech and Customer will continue to own all copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights that such party owned immediately prior to this Agreement. No intellectual property is intended to be created or transferred in connection with this Agreement.”

Additionally, “Customer Property. As between Customer and Mitratech, Customer is and will remain the sole and exclusive owner of all right, title and interest in and to Customer’s Confidential Information and the Customer Data.”

For full terms and conditions, see attached document or access it online at https://mitratech.com/legal-notice/terms-and-conditions/.

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.

ODHS maintains the Work Incentives Network (WIN) per ORS 657.067 in response to

Title IV of the Social Security Act. WIN provides individualized written analysis and guidance for Oregonians with disabilities on how employment affects federal and state benefits programs, such as Social Security disability benefits. Vocational Rehabilitation

(VR) has been leveraging HotDocs since 2009 to meet this mandate. The analysis and advisement conducted with HotDocs is highly technical and this report writing software enhances the quality of VR’s reports and ensures accurate and consistent information across the program. HotDocs allows VR to build and edit templates that are used by contractors for Benefits Summary & Analysis (BSA) reports.

From 2009-2025, the WIN contractors have maintained a separate licensing account from the ODHS contract. The WIN contractor has in turn submitted for reimbursement for these licenses. In efforts to increase visibility, retain control of licenses, and ensure

State procurement processes are honored, VR merged the two contracts in 2025.

HotDocs was originally selected because it is the software historically used by the Social

Security Administration for their Work Incentives Planning and Assistance (WIPA) program, a program which helps set best practice standards for benefits planning throughout the nation.

https://mitratech.com/legal-notice/terms-and-conditions/

HotDocs Advance is a cloud-based platform that enables end-to-end document assembly using templates created in HotDocs Author. The team is currently leveraging the features of HotDocs Author on a daily basis. Key features include:

• Template Deployment & Management: Upload templates from HotDocs Author to the Advance web app, assign them to work groups, and control access via user groups

• Scalability: From a single template, users can generate thousands of individualized documents. Once uploaded, a template can be reused by unlimited

(licensed) users across cases or projects

• Workflow Organization: Administrators create “work items” that group the template, interview data, and output documents, helping manage document production in context (e.g., client matters)

• User Access & Permissions: Licenses are assigned to named individual users, grouped via user groups and work groups, with granular access control to specific templates and workflows

HotDocs has unmatched modeling power and logic. Its logic engine supports advanced scripting—IF/THEN logic, repeating loops, computed fields, variables—and handles extremely complex, multi-page, conditional documents with precision. VR has not found an alternative that matches HotDocs’ depth in automating nuanced documents like legal pleadings, trusts, or regulatory forms within the same price range. HotDocs also has strong security measures and has been trusted since the 1990s in legal, financial, government, and insurance sectors for its accuracy, auditability, and template governance. HotDocs allows reusable components across different templates, even across Word and PDF formats. This modularity simplifies maintenance as common clauses can be updated globally allowing for complex and accurate BSA reporting with minimal VR staff resources to manage the workflows.

Further, WIN program managers are responsible for constructing the templates that contractors use to generate detailed benefits planning reports this document automation and assembly software. The templates required hundreds of hours of work to construct. WIN program managers are also responsible for maintaining the current templates to reflect changes to public benefits policy, annual COLA adjustments, and adding new language or editing as needed. The templates are only compatible with

HotDocs.

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.

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: Josh Goller

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

Program/office: Work Incentives Network (WIN)

Agency Brand name statute/rule: Brand name authority:

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

DAS Delegation 649-11, as amended

Total estimated cost $79,008.25

1. Background: This Brand Name Specification applies to the purchase of:

HotDocs document automation and assembly software for use by WIN program managers and WIN contractors. WIN has utilized HotDocs since 2009. It was previously available as downloadable desktop software but shifted to an online subscription-based model in recent years. WIN managers spent considerable time building templates for use by WIN contractors to complete detailed Benefits

Summary & Analysis (BSA) reports and HotDocs, templates which are only compatible with HotDocs. At this time, HotDocs remains uniquely suitable to the

WIN program’s needs and provides the most efficient means of providing BSA reports. Its renewal at the end of the current contract period (which expires

9/22/26) will ensure Oregonians with disabilities who a receiving benefits planning through WIN do not experience undue delays in receiving the written benefits analysis they need to make informed decisions when seeking employment.

2. Brand name to be acquired:

Legal entity name: HotDocs Corporation

DBA: Mitratech HotDocs, Inc.

Address: 13301 Galleria Circle, Building B, Suite 200, Bee Cave, TX 78738

Contact person: Danny Canales

Phone: 855-462-6448

Email: Danny.Canales@mitratech.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:

ODHS maintains The Work Incentives Network (WIN) per ORS 657.067 in response to

Title IV of the Social Security Act. WIN provides individualized written analysis and guidance for Oregonians with disabilities on how employment affects federal and state benefits programs, such as Social Security disability benefits. Vocational Rehabilitation

(VR) has been leveraging HotDocs since 2009 to meet this mandate. The analysis and advisement conducted with HotDocs is highly technical and this report writing software enhances the quality of VR’s reports and ensures accurate and consistent information across the program. HotDocs allows VR to build and edit templates that are used by contractors for Benefits Summary & Analysis (BSA) reports.

From 2009-2025, the WIN contractors have maintained a separate licensing account from the ODHS contract. The WIN contractor has in turn submitted for reimbursement for these licenses. In efforts to increase visibility, retain control of licenses, and ensure

State procurement processes are honored, VR merged the two contracts in 2025.

HotDocs was originally selected because it is the software historically used by the Social

Security Administration for their Work Incentives Planning and Assistance (WIPA) program, a program which helps set best practice standards for benefits planning throughout the nation.

HotDocs Advance is a cloud-based platform that enables end-to-end document assembly using templates created in HotDocs Author. The team is currently leveraging the features of HotDocs Author on a daily basis. Key features include:

• Template Deployment & Management: Upload templates from HotDocs Author to the Advance web app, assign them to work groups, and control access via user groups

• Scalability: From a single template, users can generate thousands of individualized documents. Once uploaded, a template can be reused by unlimited

(licensed) users across cases or projects

• Workflow Organization: Administrators create “work items” that group the template, interview data, and output documents, helping manage document production in context (e.g., client matters)

• User Access & Permissions: Licenses are assigned to named individual users, grouped via user groups and work groups, with granular access control to specific templates and workflows

HotDocs has unmatched modeling power and logic. Its logic engine supports advanced scripting—IF/THEN logic, repeating loops, computed fields, variables—and handles extremely complex, multi-page, conditional documents with precision. VR has not found an alternative that matches HotDoc’s depth in automating nuanced documents like legal pleadings, trusts, or regulatory forms within the same price range. HotDocs also has strong security measures and has been trusted since the 1990s in legal, financial, government, and insurance sectors for its accuracy, auditability, and template governance. HotDocs allows reusable components across different templates, even across Word and PDF formats. This modularity simplifies maintenance as common clauses can be updated globally allowing for complex and accurate BSA reporting with minimal VR staff resources to manage the workflows.

Further, WIN program managers are responsible for constructing the templates that contractors use to generate detailed benefits planning reports this document automation and assembly software. The templates required hundreds of hours of work to construct. WIN program managers are also responsible for maintaining the current templates to reflect changes to public benefits policy, annual COLA adjustments, and adding new language or editing as needed. The templates are only compatible with

HotDocs.

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.