60-66500-25-77913_SoleSourceDetermination-Form - Updated 8.12.25.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 Department of Health

Agency Chief Procurement Officer: Raymond Duran Telephone Number: (505) 623-1225

Agency Contact for this request: Leo L. Fernandez, Office Manager Telephone Number (505) 827-2347 Email Address: Leo.Fernandez2@doh.nm.gov

II. Name of prospective Contractor: RR Donnelley & Sons SHARE Vendor Number (must be active): 0000096493 Address of prospective Contractor: 4273 Montgomery Blvd NE, Suite 250

Albuquerque, NM 87109-6735

P.O. Box 932721 Cleveland, Ohio 44193-0000

Contact Name: Lou Metzger Telephone Number: (505) 268-0681 Email Address: Louis.metzger@rrd.com

Chris Ragnes

(936) 553-8214 Chris.ragnes@rrd.com

Amount of prospective contract before tax: $194,796.00 for four years (approximately $48,699.00 + $4,301 = $53,000annually).

Estimated tax amount (tax is subject to change): $4,301.00 x 4 = $17,204.00

Term of prospective contract: Four (4) years.

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 mailto:Leo.Fernandez2@doh.nm.gov mailto:Louis.metzger@rrd.com mailto:Chris.ragnes@rrd.com 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):

The Bureau of Vital Records and Health Statistics (BVRHS) is legally mandated under NMSA Section 24, Article 14, to issue timely and accurate birth and death certificates to the public. This responsibility includes safeguarding the integrity of all state birth and death records, ensuring the confidentiality and protection of personal information for New Mexico residents, and preventing fraud and identity theft.

To uphold these standards, BVRHS collaborates with key partners such as the Social Security Administration and the U.S. Department of State to ensure that New Mexico birth certificates meet identity verification requirements while incorporating stringent security measures to prevent fraud. The bureau's ability to receive federal funding is contingent upon maintaining data and documentation standards that comply with federal regulations, including those outlined in the Real ID Act.

Additionally, BVRHS has worked extensively with RR Donnelley & Sons to develop secure safety paper features and formats for birth and death certificates. These are proprietary to RR Donnelley and no other vendor has been able to meet legally mandated safety paper requirements. These enhancements ensure that New Mexico-issued vital records are recognized and accepted for official use both nationally and internationally.

The vendor can provide timely and accurately printing and delivery of safety certificate paper used for birth and death certificates with the following specifications in place:

• Certificate of Birth – 8.5 x 11 cut single, White 24# Conservator FF TA4, Secure Scan Aggregate Security Tint, Iridescent Printing (Blue/Green/Blue). Micro Secure Border with SEclipse, security features, Latent Images, Printed Warning Band, Logo Lines, Embossed Seal, Black to Red Penetrating Consecutive Numbering (no missing numbers) White ink with yellow/green fluorescent on back. Shrink wrapped in 250’s with printed security tape on cartons.

• Certificate of Death – 8.5 x 11 cut single, White 24# Conservator FF TA4, Secure Scan Aggregate Security Tint, Iridescent Printing (Blue/Burgendy/Blue). Micro Secure Border with SEclipse, security features, Latent Images, Printed Warning Band, Logo Lines, Embossed Seal, Black to Red Penetrating Consecutive Numbering (no missing numbers) White ink with yellow/green fluorescent on back.

Shrink wrapped in 250’s with printed security tape on cartons.

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.)

Due to the legal mandate requiring the Bureau of Vital Records and Health Statistics (BVRHS) to issue timely birth and death certificates, the bureau has developed specialized safety paper features over many years through a close working relationship with RR Donnelley & Sons. Numerous virtual and in-person meetings have been held to establish critical security elements, including specific numbering requirements, logos, lettering, and other protective features.

RR Donnelley is the Creator intellectual property owner of the MicroSecur security certificate border, the features associated with it, and the process to produce it, including but not limited to: Microprint latent images, asymmetrical pattern for inability to cut and paste and paste, and all other overt and covert security options for this feature as utilize by the State of New Mexico and other State.

While the bureau has explored alternative vendors for safety paper, no other vendor can provide the required security features without extensive meetings to discuss specifications and compliance requirements. Additionally, because other vendors cannot accurately detail their security features without reviewing the current safety paper, the bureau is unable to obtain comparable quotes. As a result, other vendors are unable to meet the stringent standards, develop the necessary security features, and deliver the printed Safety Paper within the timeframe required for federal approval and public issuance. Safety Paper is not an off-the-shelf product and cannot be easily replicated without significant coordination.

RR Donnelley & Sons, which has an office in Albuquerque, NM, has consistently provided in-person consultations to discuss emerging security advancements. Additionally, RR Donnelley has developed the proprietary MicroSecur security border feature, which is exclusively used in the production of secure documents for their customers and is not licensed to any other company. This unique security measure further ensures the integrity and authenticity of New Mexico’s vital records.

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.”)

RR Donnelley & Sons has been a reliable provider of safety paper for the Bureau of Vital Records and Health Statistics (BVRHS) for many years, requiring minimal type-setting revisions or numbering updates. Their consistency has ensured that certificates are printed without errors and delivered in a timely manner, allowing the bureau to maintain uninterrupted services. This reliability is critical in preventing supply shortages, misprints, or processing delays that could negatively impact the bureau, the State of New Mexico, and residents in need of birth and death certificates.

Transitioning to a new vendor would require extensive planning and setup, including multiple meetings to establish requirements, reviewing proofs, finalizing typesetting, and ensuring the correct quantities are printed and delivered as needed. Such a transition would pose significant risks to the efficiency and accuracy of certificate issuance. Additionally, RR Donnelley & Sons has a local office, enabling direct communication and in-person meetings to discuss security enhancements and process improvements, reducing the potential for miscommunications and printing errors.

Furthermore, RR Donnelley & Sons plays an essential role in fraud prevention by working closely with BVRHS to verify the authenticity of certificates and investigate fraudulent activity. Their prompt response to verification requests helps the bureau uphold security standards and maintain strong relationships with federal partners, ensuring New Mexico’s vital records remain secure and trusted.

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 printing and delivery process for safety paper, along with its required security features and unique numbering system, are already well-established with RR Donnelley & Sons, ensuring accuracy and eliminating the risk of errors in certificate production. This reliability is crucial in preventing service disruptions and ensuring that BVRHS continues to meet its legal obligation to provide timely birth and death certificates.

Additionally, maintaining this vendor reduces the Department’s liability by minimizing the risk of printing errors, delays in certificate issuance, and any resulting barriers for the public in accessing essential services. A change in vendors could introduce operational inefficiencies, increase the likelihood of processing errors, and potentially lead to compliance issues. By continuing with RR Donnelley & Sons, BVRHS upholds a seamless, secure, and legally compliant process for issuing vital records to New Mexicans.

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

The BVRHS has previously explored alternative vendors for certificate paper; however, significant security and logistical concerns have arisen. One vendor requested a scanned copy of the current certificate paper, which posed a risk to document integrity and potential unauthorized duplication. To mitigate this, the Bureau offered to mail physical copies instead, but this still introduced delays and security concerns.

Working with out-of-state vendors presents additional challenges, including longer lead times, potential disruptions in the supply chain, and a lack of immediate accessibility for urgent requests. Establishing relationships with at least two new vendors would require extensive time and effort, including setting type, providing logos and security features, reviewing proofs, and ensuring a reliable supply chain. The current vendor, RR Donnelley & Sons, eliminates these challenges by providing on-demand delivery in the exact quantities required while maintaining security, accuracy, and efficiency.

The BVRHS specifications for certificates of Birth and Death are customized to prevent fraudulent duplication of the secure safety paper. The secure safety paper specifications and templates the have been created with the current vendor, RR Donnelley is unique and very difficult to duplicate with any other vendor.

The BVRHS secure safety paper specifications that make it nearly impossible to duplicate are as follows:

Birth and Death Safety Paper- 24 LB. UV Dead genuine fourdrinier mill watermark with chain-link design. Fourdrinier watermark design is produced specifically for and exclusive to vendor for authentication purposes. Reagents are incorporated into the paper to provide 5 family chemical sensitization. Paper will have invisible fluorescent white and green fibers incorporated into the paper. Paper must have toner retention treatment on the face of the paper.

Printing-

• Border – Intricately designed certificate border entirely comprised of microtext.

• Latent Images – 2 latent images concealed in the border design visible under magnification as the letter’s “V” and “R”.

• Pantograph – 3 color iridescent design with “void” copy deterrent feature. The blue/green/blue iridescent design will allow the ink colors to blend where they meet.

• State Seal – Printed with yellow background- face.

• Copy Deterrent – EURion constellation copier deterrent overprint in process yellow ink. This arrangement nicknamed the ‘EURion constellation’, can cause some photocopiers and scanners to refuse to copy the notes.

• Inks- PMS 534U, PMS 123 Med Yellow, Process Yellow (Eurion feature).

Iridescent links: Blue/Green//Blue (for void pantograph).

• Backer- State Seal in multiple locations printed in white opaque ink with yellow/green fluorescent.

• Embossing – State seal is embossed from the back – one position.

• Numbering – Black to Red Penetrating Consecutive Numbering (no missing numbers). Safety paper numbering continues in sequential numeric order for each secure safety paper ordering from RR Donnelley. The numbering is used by the BVRHS to ensure that safety paper don’t go missing or can be used to prevent fraud.

• Packaging- Special Cartons. Pack low numbers on top. Use pattered security tape.

Pallets – hign numbers on top. Chipboard top and bottom. 250 per package, poly wrapped 250/pk and 2000 per carton.

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 General Services Department (GSD) website was searched for any Statewide Price Agreements that may be available to provide this service but was unable to locate one.

There are various companies found on the internet that print birth/death certificates, and the Bureau staff contacted the below first by phone to explain what was needed and followed up with an email detailing the requirements for quotes. This process may take 6 months or more to complete and puts the Bureau and the Department of Health at risk for not fulfilling customers’ needs and requests for birth and death certificates.

International Security Products, Inc. (formerly Pro Document Solutions) 1760 Commerce Way Paso Robles, CA 93446

(800) 853-0004 fax (805) 238-7213

ColorArt, Springfield

901 N. MacArthur Blvd.

Springfield, IL 62702 217-787-3500

The Phone calls were made by the prior Bureau Chief Michael Padilla Approximately around

January of 2025. We do not have access to his emails confirmations from these vendors.

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 Department of Health