5745-0 draft SSD final 120823.docx

OREGON DEPARTMENT OF HUMAN SERVICES (ODHS)

SOLE-SOURCE DETERMINATION MEMORANDUM

Sole Source Notice No. S-1000-00008890

Date: December 1, 2023 ODHS File: CSTAT 5745-0

RE: DirectSource web training access subscription renewal

· Estimated Total Contract Value: $450,000 (including prior spend)

1. REQUEST OVERVIEW

1.1 Sole Source Authority. OAR 125-246-0170(2)(c)(H) and DAS Delegation REQ-10000-00020921 authorize ODHS to award a contract resulting from a sole-source procurement that complies with ORS 279.075 and OAR 125-247-0275.

1.2 Request Summary. This sole source determination applies to the reinstatement and renewal of ODHS’s subscription to DirectCourse online trainings and certification for Direct Support Professional (DSP) staff. Access to DirectCourse DSP curricula is mandated by collective bargaining agreement (CBA). ODHS also reserves the right to renew for additional years up to the maximum estimated contract value stated in this notice.

1.3 Estimated Contract Value.

2. DESCRIPTION OF GOODS & SERVICES.

2.1 Product. DirectCourse is a suite of online curricula for DSP trainings and certification. The College of Direct Support is the primary curriculum, and the name sometimes used to refer to all the options. DirectCourse was created by Elsevier, Inc., and is accredited by the national DSP certification program (see https://nadsp.org/about-dsp-credentialing/). More information about DirectCourse and the College of Direct Support can be found at www.directcourseonline.com/direct-support/.

2.2 Background. Pursuant to CBA, ODHS must provide Direct Course access to qualifying DSP staff in its Stabilization and Crisis Unit (SACU) so staff can stay current on DSP continuing education and certification requirements. Through the subscription, qualifying in the ODHS Stabilization and Crisis Unit (SACU) can access curricula necessary to receive DSP certifications.

ODHS first purchased the DirectCourse subscription in 2016, after binding arbitration on the issue of certification training for staff resulted in the CBA requirement to provide access to the College of Direct Support. As Elsevier is the only vendor to offer the College of Direct Support, ODHS awarded Contract 152597 (Contract) to Elsevier after posting Notice of Sole Source Determination #DHS-4325-16 for seven days and receiving no protests.

Since then, the CBA as continued to require DirectCourse and ODHS has continued to provide it. It renews the contract annually and extended the scope of price and duration as needed through additional Sole Source Notices. (See Contract amendments 1 through 6 and Sole Source Notices #DHS-4421-17 and #DHS 5019-20.) ODHS has received no protests to any of the Notices, and SACU staff is successfully using and benefitting from the subscription.

With the resolution of the 2023-2025 CBA, the requirement for DirectSource access for DSP certification and training for SACU staff remains and Elsevier continues to be the sole source for it. ODHS is issuing this sole source determination to reinstate the agreement, extend the estimated maximum amount it will spend in the next few years. Comment by Friedl Traci J: ODHS performed market research to ensure no other vendors could provide the services and found that Elsevier is still the only College of Direct Support vendor.

Under its 2015-2017 collective bargaining agreement (CBA), ODHS was required to offer direct support professional training and certification opportunities to Stabilization and Crisis Unit (SACU) employees classified as Mental Health Therapy Technicians and Behavior/Vocational Specialists (BVS1 and BVS2). As described in Sole Source Notice DHS-4325-16, the certification trainings were only available to SACU through Elsevier’s College of Direct Support. The resulting ODHS contract with Elsevier for a subscription was renewed multiple times, most recently expiring on June 30, 2023.

and anticipates that the requirement will be included in the 2023-2025 CBA. Subscriptions to the College of Direct Support and other DirectCourse trainings are only available through Elsevier, so ODHS is issuing this sole source notice with intent to renew the subscription beyond the term and cost stated in the prior notice.

3. QUESTIONS AND PROTESTS.

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: Traci Friedl 500 Summer St, Suite E03 Salem, OR 97301

All contact related to this Notice of Sole Source Determination must be through the ODHS Office of Contracts & Procurement. Please direct all questions to Traci Friedl at the email or phone number provided above.

4. FINDINGS.

Pursuant to ORS 279B.075, Agency conducted market research that supporting the assertion that there is only one source to provide the goods and services described herein.

4.1 Market Research Overall Finding: The CBA requires that ODHS provide SACU staff the opportunity to get DSP training and certification. The ODHS CBA proposal for this compensation structure is based on the use of the vendor’s College of Direct Support and related courses for the certification training. A subscription to the service can only be purchased through Elsevier Strategies.

4.2 Required Statutory Findings:

Pursuant to ORS 279B.075 (2)(a), the following findings support the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services: ODHS has a current subscription to Elsevier’s College of Direct Support and related DirectCourse trainings. Employees are currently using it to achieve higher certification levels that will benefit their pay and their ability to provide higher level supports to SACU patients. Even if a similar service were available, changing it would disrupt employees’ efforts and likely result in lost data such as in-process trainings achievement records.

Pursuant to ORS 279B.075 (2)(d), other findings that support the conclusion that the goods or services are available from only one source: Elsevier Strategies provides the subscription to DirectCourse trainings, which includes the College of Direct Support. No other vendor can provide access to Elsevier’s product.

APPROVED BY:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

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