4943ssd05Sept2025CleanA.pdf

AMENDED SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 05 September 2025 Sole source number: 4943-1

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

Requestor: Brett Sherry Agency/division: OHA Public Health, herein after referred to as “Agency” Program/office: Toxic Free Kids Program/Environmental Public Health/Center for Health Protection/Public Health Division Contract specialist: David Reynolds

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $1,100,000.00

Description of goods or services: Oregon’s Toxic Free Kids Act (TFKA), as authorized by

ORS 431A.273

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

Overview

This sole source determination applies to OHA’s purchase of software services for access to the HPCDS, a proprietary manufacturer reporting system operated by NEWMOA. The system is required to fulfill OHA’s statutory obligations under Oregon’s Toxic Free Kids Act (TFKA), as authorized by ORS 431A.273. NEWMOA is the sole provider of access, hosting, and support for the HPCDS.

Background

The HPCDS was developed through a federally funded partnership between OHA, the Washington State Department of Ecology, and NEWMOA. The EPA grant awarded to OHA in 2016 was conditioned on collaboration with NEWMOA and other states. The system was built specifically to meet multistate reporting needs and is the only platform capable of fulfilling Oregon’s legal requirements under TFKA.

Expanded Scope Justification

The estimated total value of this Sole Source contract is $1,100,000, based on a projected cost of $100,000 per year over a 10-year period, plus a 10% contingency buffer to account for potential cost increases, scope adjustments, or inflationary factors. This estimate is consistent with the agency’s delegated procurement authority and is considered a reasonable projection based on historical costs and anticipated future needs.

OHA seeks to amend the scope of the sole source determination to:

• Extend the term up to 10 years (through 2035)

• OHA reserves the right to increase the not-to-exceed value to a maximum of $5,000,000

This expanded scope reflects:

• Anticipated growth in participating states and manufacturers

• Increased data volume and system enhancements

• Long-term sustainability and support costs

The HPCDS remains the only system capable of meeting these needs, and NEWMOA is the only vendor with the authority to provide access to HPCDS.

2. Prospective contractor/vendor:

Legal entity name: Northeast Waste Management Officials’ Association (NEWMOA) Interstate Chemicals Clearinghouse (IC2)

DBA:

Address: 68 Harrison Avenue Suite 605 PMB 810718 Boston, MA 02111 Contact person: Melissa Lavoie Phone: 617-367-8558 Email: mlavoie@newmoa.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: 635 Capitol NE Ste 350 Salem OR 97301 Phone: 503-779-6097 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):

The findings below must include factual information supporting the determination that meet 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.

4. Market Research

OHA conducted market research via:

• Internet searches

• Consultation with other state agencies

• Review of proprietary systems

Findings confirm that:

• No other vendor offers a comparable system

• HPCDS is proprietary and operated solely by NEWMOA

The system was custom-built for TFKA compliance and multistate use. The findings are as follows:

5. Statutory Findings

Pursuant to ORS 279B.075(2)(a) and (2)(b), the following findings support sole source determination:

• Efficient utilization of existing systems requires compatible services from NEWMOA

• Exchange of data with other public agencies (e.g., Washington State) is only possible through HPCDS

• NEWMOA remains the sole provider of access, hosting, and support services

6. Protest Procedure

Protests must be submitted via email to the Sole Point of Contact listed below by 3:00 PM within seven calendar days of the notice posting on OregonBuys.

Sole Point of Contact: Dave Reynolds, Procurement Specialist Oregon Department of Human Services, Office of Contracts & Procurement Email: david.reynolds@odhsoha.oregon.gov

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. 1. Streamlined Multi-State Reporting

HPCDS is a centralized, multi-state platform developed by the Interstate Chemicals Clearinghouse (IC2) to support chemical disclosure laws in:

• Oregon (Toxic-Free Kids Act)

• Washington (Children’s Safe Products Act)

• Vermont (Chemical Disclosure Program) 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.

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. [Enter supporting documentation]

APPROVED:

By:

Signed by DPO electronically via OregonBuys Kirk N. Rhoades or acting DPO herein.