Amendment No. 1 to Special Procurement REQ-DASOBO-00025328 - approved.pdf

SP_REQ-DASOBO-00025328, Amendment #1_OIVR Support & Maintenance Page 1 of 5 (formerly SP-944-17)

REQUEST FOR SPECIAL PROCUREMENT

#REQ-DASOBO-00025328 (formerly SP 944-17)

Amendment No. 1

PART A. Requesting Agency must complete Items 1 through 13.

1. Requesting Agency Name: Department of Justice, Division of Child Support and Legal Divisions

2. Date of Request: _May 23, 2022__________ 3. Agency Number: _13700________

4. Agency Contact Name: _Michelle Long_______ 5. Phone: _503-947-4386__________

6. Type of Request: ___ Class Special Procurement _X Contract-specific Special Procurement

7. Amendment Time Period Requested: From: June 1, 2022 To: May 31, 2023

8. Total Estimated Cost for Amendment Time Period: $22,567.00

Note: With approval of this SP Amendment No. 1 Request and amendment of the subject Contract (Amendment #2), the cumulative Maximum not-to-exceed (“NTE”) Compensation will be $143,142.00 as demonstrated in the following Table 8.A.

TABLE 8.A

Description Amount Amended into Contract

Cumulative Contract NTE Compensation

Contract 137-1240-17 (17377) (at execution)

$118,975

Contract Amendment #1 $1,600 $120,575 Anticipated Contract Amendment #2 $22,567 $143,142

9. Title: Supplies and/or Services to be acquired:

Outbound Interactive Voice Response (“OIVR”) equipment and software support and maintenance services (“Services”)

10. Amendment Request, Background, and Proposed Contracting Procedure:

a. Amendment Request:

The Department of Justice (“DOJ”) requests approval of this Special Procurement (“SP”) #REQ- DASOBO-00025328 (formerly SP-944-17), Amendment No. 1 Request to amend Information Technology Services Agreement #137-1240-17 (DOJ #17377) (“Contract”) issued to Waterfield Technologies, Inc. (“Contractor”), successor-in-interest to Chrysalis Software, as follows:

1. Extend the Term one (1) additional year through May 31, 2023; and

2. Increase the Maximum not-to-exceed (“NTE”) Compensation an additional $22,567.00, for a cumulative Maximum NTE Compensation of $143,142.00.

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b. Background:

2010: DOJ contracted with Chrysalis Software (“Chrysalis”) leveraging statewide Price Agreement (“PA”) #5223 issued to Qwest to expand its existing Interactive Voice Response (“IVR”) and automate outbound dialing to child support customers to deliver case-related messages.

2014: DOJ began transitioning the OIVR phone system equipment and services from PA #5223 to PA #4723 issued to Cisco.

2016: DOJ contracted with CompuNet, an approved subcontractor under PA #4723, to develop Cisco Call Center Express back-end scripting and facilitate a self-service IVR.

2017: SP #944-17 was approved and enabled DOJ to directly contract with Chrysalis as the sole services provider to transition the existing OIVR solution over to the approved Cisco Call Center environment.

• The Contract was executed May 31, 2017 with a 5-year term.

• July 10, 2017 Contract Amendment #1 was issued, which amended the statement of work and increased the Maximum NTE Compensation $1,600.00.

c. Current Need:

The Contract expired June 30, 2022 in accordance with its terms and with no optional renewal terms available. DOJ is currently evaluating the overall Cisco Call Center equipment and software of which the OIVR is a component. DOJ requires the Contract to remain in full force and effect with continued support and maintenance Services for one additional year while it completes the evaluation process and determines next steps.

For additional historical and background information see SP Attachment-1 Original SP-944-17

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DOJ will issue a public notice (“Notice”) of the approved SP Amendment #1 on OregonBuys for a period of seven (7) calendar days.

2. The Notice will include provisions that any affected party may protest the approval of SP Amendment #1.

3. DAS PS, working with DOJ, will respond to and resolve all protest(s), if any.

4. If no protests to this SP Amendment #1 are received or sustained, DOJ will proceed with issuing the Contract amendment as set out in Section 10.a above.

5. DOJ will work with DAS Enterprise Information Services (“EIS”) and obtain its endorsement prior to executing all Contract amendment(s), if required.

6. Pursuant to OAR 137-045-0015, DOJ will obtain legal sufficiency approval prior to executing the Contract amendment, if required.

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11. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation.

DOJ has an approved exclusion from the statewide phone system migration over to the IBM Unify solution. DOJ is approved to continue with the Cisco VoIP solution through the end of the hardware and software life cycle. As long as the Cisco Call Center continues to be the system that DOJ uses, the OIVR will need continued support and maintenance Services. OIVR Services are proprietary to Waterfield Technologies.

DOJ will be evaluating the overall Cisco Call Center solution and specifically the OIVR component this year. If DOJ decides to continue with the existing solution, DOJ will work with DAS and EIS to comply with all requirements and undertake the required procurement process to amend the Contract beyond May 31, 2023.

12. Findings to Satisfy the Required Standards:

__X___ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

There are other vendors who could create an OIVR solution from scratch to connect with the Cisco Call Center, however Waterfield Technologies is the only vendor who can provide ongoing support and maintenance Services for its proprietary software, which is used in DOJ’s existing OIVR solution.

and

__X___ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

Extending the current maintenance and support Services under the Contract will enable the existing OIVR solution to continue as part of the Cisco Call Center. The cost of one year of support and maintenance Services for the existing hardware and software is $22,567.00. In 2010, the cost to design and implement a new OIVR solution was $102,561.00. That’s a difference of $79,994.00, which does not reflect price increases for the last 12 years.

or

_X_ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because:

The Oregon Child Support Program exists to ensure that the children of Orgon receive the support they need to rise out of or avoid poverty, that reliance on public assistance is diminished, and that Oregon’s families and future citizens thrive. The OIVR processes files from both of the following Oregon child support software solutions:

• CSEAS: Child Support Enforcement Automated System

• Origin: Automated Child Support System

Title IV-D of the Social Security Act (42 USC 651 et seq) and Oregon Revised Statute (“ORS”) 180.345 provide authority to the Department of Justice to administer child support services in Oregon. Further, SP_REQ-DASOBO-00025328, Amendment #1_OIVR Support & Maintenance Page 4 of 5 federally mandated requirements for operating and maintaining a child support program system are in a State Plan required by 45 CFR 302.

Continued maintenance and support Services for DOJ’s OIVR solution, as requested in this SP Amendment No. 1 Request, promotes the well-being of Oregon’s children, and underpins DOJ’s compliance with state and federal statutory obligations.

The same justification statements set out in SP Attachment-1 apply to this SP Amendment #1 Request.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request submitted through ORPIN. Agency may elect to attach a signed Request as a pdf file through ORPIN or submit a signed hard copy Request.

Signature: _____________ _________________ Name/Title: Date

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PART B. The Department of Administrative Services completes Part B.

STATUTORY AND RULE AUTHORITY:

ORS 279B.085(2) states the Director of the Department of Administrative Services may approve a special procurement if the Director finds that a written request submitted under ORS 279B.085(4) demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Director will:

(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) Result in substantial cost savings to the contracting agency or to the public; or

(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to approve special procurements to the State Chief Procurement Officer. OAR 125-247-0285 through 125-247-0288 implement ORS 279B.085.

OAR 125-247-0700(2) Protests and Judicial Review of Special Procurements designates the State Chief Procurement Officer as the Contract Review Authority.

FINDINGS: The findings are accepted, adopted, and incorporated by reference herein.

CONDITIONS OF APPROVAL:

1. Notice Period. The Authorized Agency shall post the Public Notice on ORPIN. The Special

Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0287(4), and either:

a. No Written protests are received by the Contract Review Authority, State Chief Procurement Officer, from an Affected Person in response to the notice, or

b. If any protest is received during the notice period, then not until:

i. the State Chief Procurement Officer or delegate issues a written disposition of the protest in accordance with ORS 279B.400 and OAR 125-247-0700 and OAR 137-047-0700, and

ii. confirms in writing the first possible date of use of the Special Procurement.

2. ORS 279A.165 Requirements. Authorized Agency shall comply with the requirements of ORS

279A.165 and OAR 125-247-0287(12) regarding a report about this Special Procurement. Agency shall use a form and follow the instructions provided by the State Chief Procurement Officer or delegate.

3. Authorized Agency shall comply with all Enterprise Information Services (“EIS”) conditions and requirements prior to contract execution, if any.

4. Upon completion of the Notice (section 1) approval applies retroactively to May 31, 2022.

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date Department of Administrative Services