40-77000-24-07155_40-77000-24-07155 - OFFENDER MANAGEMENT SYSTEM MAINTENANCE.pdf.PDF

2021 Sole Source Form

STATE OF NEW MEXICO

SOLE SOURCE REQUEST AND DETERMINATION FORM

A sole source determination is not effective until the sole source request for determination has been posted for thirty (30) calendar days without challenge, and subsequently approved in writing by the State Purchasing Agent or, for Professional Services Agreements, the Secretary of the General Services Department. The foregoing requirement is regardless of whether the sole source request for determination has been signed by the Agency and/or the Contractor.

I. Name of Agency: New Mexico Corrections Department

Agency Chief Procurement Officer: Kathleen Branchal Garcia

Telephone Number: 505-469-3540

Agency Contact for this request: Darlene Fitzpatrick Telephone Number & Email Address: 505-383-2976 Darlene.fitzpatrick@cd.nm.gov

II. Name of prospective Contractor: ABILIS SOLUTIONS CORP

SHARE Vendor Number (must be active): 0000097446 Address of prospective Contractor: 2429 Military Road

#300 Niagara Falls, NY 14304 Contact Name, Telephone Number Ben Wright / (514) 844-4888 x206 and Email Address: bwright@abilis-solutions.com

Amount of prospective contract before tax: $2,922,524.21

Estimated tax amount (tax is subject to change): $142,473.06

Term of prospective contract: July 1, 2024 – June 30, 2028

Note: For terms longer than one year, Request for Policy Exemption from DFA MUST be included.

III. Agency is required to state purpose/need of purchase and thoroughly list the services (scope of work), construction or items of tangible personal property of the prospective contract (if this is an amendment request to an existing contract, include current contract number issued by SPD):

Vendor will be providing maintenance and support services for the NMCD’s Offender Management application, and system enhancements as necessary for change requests identified by the department. The maintenance and support services will include annual CORIS® Offender Management System (OMS) and Mobile Application, Birst, and Google Maps.

mailto:bwright@abilis-solutions.com

The Contractor shall provide the Procuring Agency with CORIS® Maintenance through June 30, 2028. The Maintenance Agreement will cover:

• Regular updates of the product and related software.

• Regular product defect fixes.

• Product enhancements identified as part of CORIS®’s roadmap.

• Approved Change Requests.

The Contractor shall deliver a minimum of three CORIS® Product Maintenance Releases each calendar year. The schedule and content for each Maintenance Release shall be planned and agreed by the Contractor and the Procuring Agency.

The defect and issue remediation process will be established through defined service levels based on the severity of the issue as assigned by the Procuring Agency. In all cases a service ticket will be opened by the Procuring Agency in the Contractor’s ticket tracking tool to track and manage the issue to resolution.

The Procuring Agency shall be responsible for the 1st and 2nd level of support.

The Contractor will be responsible for 3rd level support.

The Contractor shall provide resolutions to Change Requests approved by the Procuring Agency to meet business needs, policies, legislative changes, and federal mandates. Change Requests shall be reviewed by the Procuring Agency and approved by IT Leadership and/or Executive Leadership prior to moving forward with any work.

The Contractor shall provide all documentation, software licensing and artifacts associated with this deliverable to the Procuring Agency for review and acceptance.

IV. Provide a detailed explanation of the criteria developed and specified by the agency as necessary to perform and/or fulfill the contract and upon which the state agency reviewed available sources. (Do not use “technical jargon;” use plain English. Do not tailor the criteria simply to exclude other contractors if it is not rationally related to the purpose of the contract.)

Per 9-3-2 NMSA 1978, the purpose of the Corrections Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered and exercised by the corrections and criminal rehabilitation department and to ensure a comprehensive criminal justice system in New Mexico.

The maintenance and support services of the application is necessary in allowing for the supervision for the inmates at the prison facilities and while serving time under community supervision.

V. Provide a detailed, sufficient explanation of the reasons, qualifications, proprietary rights or unique capabilities of the prospective contractor that makes the prospective contractor the one source capable of providing the required professional service, service, construction or item(s) of tangible personal property. (Please do not state the source is the “best” source or the “least costly” source. Those factors do not justify a “sole source.”)

Maintenance and support of the CORIS® OMS application is only provided by the software developer, Abilis Solution Corporation. Due to the proprietary rights held by the vendor, no other vendor can provide maintenance and support of the CORIS® OMS application. The CORIS® application is necessary in meeting the agency’s duties in tracking all inmates under NMCD custody and care.

VI. Provide a detailed, sufficient explanation of how the professional service, service, construction, or item(s) of tangible personal property is/are unique and how this uniqueness is substantially related to the intended purpose of the contract.

The CORIS® OMS software application is an OMS product developed by Abilis Solution Corporation Abilis Solutions Corporation is the only company authorized to provide maintenance and service support for the CORIS® OMS. This includes all professional service delivery and ongoing Support and Maintenance of the product.

VII. Explain why other similar professional services, services, construction, or item(s) of tangible personal property cannot meet the intended purpose of the contract.

Uniform Trade Secrets Act, ARTICLE 3A, [57-3A-2.D], provides proprietary rights and protection of source codes for all information technology programs/applications. Abilis Solutions Corporation has provided documentation confirming proprietary rights to their CORIS® OMS application. No other IT service provider can offer this service as the exclusive rights to the proprietary software are owned by Abilis Solutions Corporation. No other provider has access to the source code necessary to accomplish the modification.

VIII. Provide a narrative description of the agency’s due diligence in determining the basis for the procurement, including procedures used by the agency to conduct a review of available sources such as researching trade publications, industry newsletters and the internet;

contacting similar service providers; and reviewing the State Purchasing Divisions’ Statewide Price Agreements. Include a list of businesses contacted (do not state that no other businesses were contacted), date of contact, method of contact (telephone, mail, e-mail, other), and documentation demonstrating an explanation of why those businesses could not or would not, under any circumstances, perform the contract; or an explanation of why the agency has determined that no businesses other than the prospective contractor can perform the contract.

The agency has a duty to adhere to New Mexico Statutes. Abilis Solutions Corporation’s confirmation of its proprietary rights to its product CORIS® OMS prohibits the agency from seeking alternative providers to maintain or support their proprietary product.

Certified by: Date: ____________________

Agency Chief Procurement Officer

Agency Approval by: Date: ____________________

Cabinet Secretary/Agency or Entity Head or Designee

APPROVED: Date: ____________________

State Purchasing Agent

If this sole source is being submitted by a governmental agency or governmental entity not under the final authority of the State Purchasing Agent, the State Purchasing Agent’s signature is not required. The signature line may be removed from this form or marked as N/A. Hard Copy Documentation for Courtesy Postings do not need to be submitted to SPD for approval.

I. Name of Agency: New Mexico Corrections Department