60-S0072-25-CP367_Sole Source University of Oregon.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: Roswell Independent School District

Agency Chief Procurement Officer: Charlee Merchant

Telephone Number: 575-627-2529

Agency Contact for this request: Charlee Merchant

Telephone Number & Email Address: 575-627-2529, cmerchant@risd.k12.nm.us

II. Name of prospective Contractor: University of Oregan

SHARE Vendor Number (must be active):

Address of prospective Contractor: 1235 University of Oregan

Eugene, OR 97403-1235

Contact Name, Telephone Number and Email Address: Kent McIntosh, 541-346-2340, kentm@uoregon.edu

Amount of prospective contract before tax: $29,275.00

Estimated tax amount (tax is subject to change):$0.00

Term of prospective contract: 24 Months

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):

Roswell Independent School District (RISD) requires a license to access a set of specialized web-based educational systems that support implementation and monitoring of Positive Behavioral interventions and Supports (PBIS). These services to be obtained include access to the following systems: School-Wide Information

System (SWIS), Check in & Check Out (CICO- SWIS), PBIS Evaluation, PBIS

Assessment. These applications are used to collect, manage and analyze behavioral data. These tools support District level and School level decision- making to improve environments and student outcomes.

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.)

The key criteria developed by RISD to evaluate prospective vendors include:

1. The ability to provide systems that are aligned with national PBIS standards.

2. Tools specifically designed for tracking individual, classroom, and school-wide behavioral interventions.

3. Capability to generate fidelity assessment reports for PBIS implementation.

4. Secure online data management hosted and supported by the application provider.

5. Systems licensed and maintained by a reputable, research-based institution.

Upon applying these criteria, RISD determined that only the University of Oregon’s Educational and Community Supports (ECS) division meets the required standards.

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.”)

The University of Oregon’s ECS is the sole developer, owner, and provider of the PBISApps systems (SWIS, CICO-SWIS, I-SWIS, PBIS Evaluation, and PBIS Assessment). These products are trademarked and licensed exclusively through ECS. There are no authorized resellers, distributors, or partners for these systems. Because the University of Oregon owns the intellectual property and delivery platform for these tools, no other vendor can provide legal access to the systems required by RISD.

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 PBISApps are uniquely designed to track behavioral data in the framework used. This provides support for a multi-tiered system of supports tracking (MTSS), PBIS measurement, Real-time behavior interventions, integrated data dashboards. These tools support the PBIS goals.

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 uniqueness of the product suite and exclusive availability make alternative non-viable for

Districts intended use. These products are trademarked and licensed exclusively through ECS.

There are no authorized resellers, distributors, or partners for these systems. Because the

University of Oregon owns the intellectual property and delivery platform for these tools, no other vendor can provide legal access to the systems required by RISD.

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 district wants to maintain the already established relationship with this software and take advantage of the working knowledge that this platform has provided to the school district.

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.