7097_ConstantContact_SoleSourceJustification_101821_EXECUTED.pdf

CKPage 1 of 2Sole Source for Constant Contact, Project #7086

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

No. 914-7097-21

To: Agency Director or delegate

Oregon Housing and Community Services Department

From: Amy Nehl, Director of Public Affairs - Oregon Housing Community Services Department

OHCS Designated Procurement Officer: Sandra Flickinger, DPO

Procurement Specialist: Christine Kennedy, Procurement & Contract Specialist 3

Date: 10/14/2021

Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075, Oregon Administrative Rule (OAR) 813-006-0020(6), OAR 137-047-0275

Part A

1. Authority to enter into a Sole-Source Contract: ORS 279A.050(6)(g) and OAR 813 Division 6.

2. Estimated Total Value of Contract: $13,000.00, including total spend-to-date, with an anticipated life cycle ending on 12/31/2021

3. Subject of Contract: Constant Contact Messaging Service Temporary Renewal

4. Background:

Oregon Housing and Community Services (OHCS) is Oregon's housing finance agency, providing financial and program support to create and preserve opportunities for quality, affordable housing for Oregonians of lower and moderate income.

OHCS administers programs that provide housing stabilization – from preventing and ending homelessness, assisting with utilities to keep someone stable, to financing multifamily affordable housing, to encouraging homeownership. It delivers these programs primarily through grants, contracts, and loan agreements with local partners and community-based providers and has limited direct contact with low-income beneficiaries.

This Sole Source Justification applies to the purchase of three additional months of Constant Contact Email Marketing Service. OHCS has used Constant Contact as our main tool to make notices, technical advisories, press releases, and monthly newsletters. These emails are sent out through specific distribution lists depending on the subject and contents of the email.

As of October 2021, OHCS has executed a contract with a new email platform service, Emma, and we will need time to transition all our content to have a solid launch in January 2022 of the service.

Sole Source for Constant Contact, Project #7086 Page 2 of 2 CK

While transitioning platforms, we will also be updating our outreach strategy and graphics to best serve our audience and agency needs. The desired three-month extension of the service will allow us time to pull all relevant media from Constant Contact.

5. Findings:

Due to agency’s content and data that is currently stored on Constant Contact, there is no suitable alternative or solution for utilizing a different platform to execute agency needs.

A. Market Research Overall Finding.

Pursuant to ORS 279B.075, 813-006-0020(6), and OAR 137-047-0275, the State Agency has already conducted and completed internet research considered market research. OHCS has selected the program to replace Constant Contact, Emma, and simply needs to obtain two or three months of additional time to secure all data and media are extracted and moved to Emma’s database.

And

B. Findings of Fact pursuant to ORS 279B.075 must include, at a minimum, one of the following:

1. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your 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.

All information for our agency’s newsletters is currently stored within Constant Contact and we are utilizing OHCS’ subscription for an additional three months of time to gather all remaining data and information from Constant Contact. Based on the specificity of its use, including its function as a repository, and this plan for migration, there is no other platform that OHCS could access that would have this data at this time.

C. Protest. An Affected Person may protest the Contract Review Authority's determination that the Goods or Services or class of Goods or Services are available from only one source in accordance with OAR 137-047-0710.

Approved By: ___________________________________________________________________________________ Margaret Salazar or delegate, Director Date

Approved By: ___________________________________________________________________________________ Sandra Flickinger, OHCS DPO Date

Approved for Legal Sufficiency: ___ Exempt under OAR 137-045-0050__________________ Assistant Attorney General Date

10/18/2021 sflickinger Typewriter 10/18/2021