2025-1 Sole-source-determination_Notice.pdf

SOLE-SOURCE DETERMINATION MEMO FOR SERVICES

Date: January 10, 2024 Sole source number: _1

To: Misty Freeman, Director, Legislative Policy and Research Office

Agency Sole source rule: Sole source authority:

Legislative Policy Research Office

ORS 279A.000

Estimated total contract value: estimated cost $800,000.

Description of goods or services: Provision of American Sign Language (ASL) Services for Legislative Committees for the 2025 legislative session.

Background: This sole source justification applies to purchasing ASL Services for the 2025 legislation session. The Legislative Policy and Research Office (LPRO) was directed to ensure the provision of Language Access Services to the Legislative Assembly. In the 2023 legislative session, LPRO initially worked with multiple regional vendors so that American Sign Language (ASL) services were provided at all committee hearings. In ensuring committee meetings had ASL services, LPRO ended up working with a single vendor, Purple, a division of ZP Better Together, a national firm able to provide adequate coverage of services. Prior vendors could not provide the number of ASL professionals to meet the needs of the legislative session. LPRO learned ASL professionals in Oregon often preferred working directly with clients for health care appointments and school-aged children, among other social service needs among clients in the state. Part of the challenge is that on any given day during the legislative session, up to eight committees may meet in 4-to-5 different time blocks, requiring a pair of ASL interpreters for each committee meeting. Each meeting requires teams of two interpreters; thus, on an average session day, 14 interpreters are needed for any two-hour time block in session, with up to 70-80 interpreters needed weekly. Two ASL interpreters are typically need per committee meeting as sign language interpreting is physically and mentally demanding, and having two interpreters allows for breaks and ensures consistent, high-quality interpretation throughout a meeting. To meet the needs of the legislature in the 2023-24 interim, LPRO has worked with Purple.

In January 2023, the Department of Administrative Services (DAS) initiated a process to develop a Request for Proposals for Sign Language Interpreting Services (for Deaf and Hard of Hearing Services). LPRO’s understanding was that the procurement would establish a list of pre-qualified language service providers for state agencies to contract with by establishing price agreements. In June 2023, DAS communicated that the state had established price agreements for Spoken Interpreter Services but had not yet established price agreements for Sign Language Services. In October 2024, DAS confirmed the agency was actively developing an RFP for Sign Language Interpreter Services with a tentative timeline for price agreements to be in place in the 2nd quarter of 2025. LPRO had planned to participate in this statewide price agreement. In the absence of the price agreement, the amount of time required to conduct a competitive RFP, and the 2025 legislative session less than 30 days away (session starts January 21, 2025), LPRO is engaging in a sole source procurement with ZP Better Together to ensure Oregon’s community of deaf and hard of hearing can access the committee proceedings in the upcoming session.

Depending on the outcomes of the upcoming 2025 legislative session, LPRO intends to execute a competitive bid process to continue to provide ASL services in the 2025-27 biennium. This is contingent on LPRO being appropriated adequate funding to continue to the current service level of ASL services in the next interim. Alternatively, LPRO may utilize price agreements with ASL service providers depending on statewide purchase agreements for identical services led by the Department of Administrative Services (DAS) in the Spring of 2025. Immediately after the 2025 session, LPRO will evaluate the market to determine if other comparable ASL services are available to develop a solicitation method or use another procurement method required under ORS chapter 279B, including utilizing price agreements under ORS chapter 279A, if available, from DAS.

Provide a brief description of the contract or contracts to be covered, including contemplated future purchases.

ZP Better Together is the only vendor able to fulfill the coverage of ASL interpreters for an estimated 800 committee hearings in the 2025 session. The vendor provides video remote and in-person interpreting services. ZP Better Together provides staff interpreters with specialty skills who frequently interpret throughout sessions and become accustomed to the legislative environment and terminology used in committee proceedings.

This Sole Source Procurement shall not exceed $800K or beyond an eight-month period (Jan- August 2025). In anticipation of the 2025 session and issuing a sole source procurement, LPRO negotiated fees with ZP Better Together, including hourly rates for evening meetings and fixed hourly rates for the duration of the contract.

Describe the product or service to be purchased.

During the legislative session, LPRO expects to provide simultaneous ASL interpretation for 800 or more committee meetings. There will be an estimated 40 committees and subcommittees that will meet regularly throughout the session. Committees meet in 90-120 minute time blocks in a recurring schedule that typically looks like this:

Monday Tuesday Wednesday Thursday Friday 8-9:30am 8-9:30am 8-9:30am 8-9:30am 9-11am 1-2:30pm 1-2:30pm 1-2:30pm 1-2:30pm 1-3pm 3-4:30pm 3-4:30pm 3-4:30pm 3-4:30pm 5-6:30pm 5-6:30pm 5-6:30pm 5-6:30pm

Up to eight committees may meet in each time block, requiring a pair of ASL interpreters for each meeting. Evening and Friday time blocks have fewer concurrent meetings; often, only one meeting occurs at a time. The external interpreters provide services remotely via Microsoft Teams.

Occasionally, an interpreter is requested to provide in-person services for special meetings or if an internal interpreter is unavailable.

The services are to:

• Provide virtual and in-person interpretation for American Sign Language (ASL) for committee hearings and as requested by legislative members or their staff.

• Provide high-quality interpretation in ASL, virtually and in-person, upon request.

• Ensure sufficient interpreters are assigned to each scheduled committee hearing to maintain high-quality interpretation throughout the 2025 session.

• ASL interpreters who can communicate effectively with good listening skills and good memory retention.

• Deliver ASL services by interpreters who abide by the professional conduct as detailed in the National Association of the Deaf/Registry of Interpreters for the Deaf (NAD-RID) code of professional conduct.

Describe the reasons the agency is seeking this procurement method.

Purple has demonstrated the organization’s ability to provide adequate coverage of committee hearings during a legislative session. The volume of work and the specialized nature of legislative proceedings, which are fast-paced, have led to few vendors being able to provide timely ASL services in a legislative session. Without a contract with ZP Better Together, LRPO can’t guarantee ASL coverage of committee hearings in the 2025 session. This will seriously affect Oregonians who rely on ASL to listen, learn, and engage in legislation, programs, and services that impact them and their communities.

Prospective contractor/vendor:

Legal entity name: Purple, a division of ZP Better Together, LLC, DBA:

Address: 13620 Ranch Road 620N C100, Austin TX 78717

Contact person: Paula Souhrada

Phone:

Email: paula.souhrada@purple.us

Protests are due by 5:00 PM within seven calendar days after the first date the notice is posted on the OregonBuys. Protests must be sent via mail, email, or hand-carried to the following address:

Protests via telephone will not be accepted.

Legislative Policy and Research Office ATTN: Oliver Droppers

Address: 255 Capitol St. NE Salem, OR 97310 5th floor

Phone: 503-986-1520 Fax:

Email:

Oliver.Droppers@Oregonlegislature.gov mailto:Oliver.Droppers@Oregonlegislature.gov