Att 3 SP_DASOBO-23665_Amd 2.pdf

SP_REQ-DASOBO-00023665(formerly SP-1036-18)_ Amd 2_SpeakWrite Voice Dictation- Transcription_ForCPOsignature.docx Page 1 of 6 (formerly SP-1036-18)

REQUEST FOR SPECIAL PROCUREMENT

No. REQ-DASOBO-00023665, (formerly SP-1036-18)

Amendment No. 2

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

1. Requesting Agency Name: Oregon Department of Human Services (�ODHS�)

2. Date of Request: March 18, 2022

3. Agency Number: 10000

4. Agency Contact Name: Nancy Alameda, Office of Contracting & Procurement (�OC&P�)

5. Phone: 971-374-3509

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

7. Amendment Time Period Requested: From: April 30, 2022 To: April 30, 2024

8. Total Estimated Cost for Amendment Time Period: $750,000.00

Note: This SP Amendment No. 2 Request seeks to increase the maximum not-to-exceed compensation (�NTE�) for the subject contracts as follows:

DHS-141094-13: increase the NTE from $4,000,000 to $4,750,000.00

OHA-142095-13: no change to the current NTE of $80,000.00

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

Electronic Voice Dictation and Transcription Services (�Services�)

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

a. Amendment Request:

ODHS requests approval of this Special Procurement (�SP�) No. REQ-DASOBO-00023665 (formerly SP-1036-18), Amendment #2 Request to amend the below contracts (collectively �the Contracts�) as follows:

DHS-141964-13

Increase the NTE an additional $750,000.00 Extend the Contract Term through April 30, 2023 Reserve the option to extend the Contract Term one additional year, through April 30, 2024, if the anticipated PAs are not executed by April 29, 2023.

OHA-142095-13

Extend the Contract Term through April 30, 2023 Reserve the option to extend the Contract Term one additional year, through April 30, 2024, if the anticipated PAs are not executed by April 29, 2023.

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b. Background:

February 11, 2013, ODHS issued Request for Proposal (�RFP�) #DHS-3534-13 seeking Electronic Voice Dictation to Document Transcription Services for a five-year term. The RFP was conducted as a cooperative procurement for use by both ODHS and the OHA under the authority granted in DAS Delegation Number 649-11. The RFP closed on March 12, 2013, with one timely submitted, responsive proposal from SpeakWrite. The proposal was evaluated in accordance with the evaluation process and criteria set out in the RFP. SpeakWrite prevailed with award of the Contracts, which were issued as follows:

DHS-141964-13

Effective Date: May 1, 2013 Expiration Date: April 30, 2018

OHA-142095-13

Effective Date: May 1, 2013 Expiration Date: April 30, 2016 Note: Contract Amendment #2 extended the Expiration Date through April 30, 2018.

2018: DAS identified multiple state agencies, boards and commissions contracting for transcription services through various one-off contracts and determined to develop a statewide procurement strategy to address the needs of each entity through multiple statewide Price Agreements (�PAs�).

To accommodate the extended timeline attendant to a large scale, statewide procurement effort and support ODHS� and OHA�s continued access to the Services in the interim, DAS approved SP-1036- 18 (�Attachment-1�), which enabled the Contracts to be extended for two additional years through April 30, 2020.

2019: DAS conducted market research and extensive interviews with state agencies, boards, and commissions to identify and document each state entity�s specific needs.

2020: DAS established a procurement development team (�Team�). Team began researching and mapping Oregon Revised Statutes (ORS�) and Oregon Administrative Rules (OARs) to understand the diverse transcription Services needs between each identified state entity (i.e., medical transcription services vs. legal (court) transcription services vs. law enforcement transcription services, etc.). Progress was significantly slowed in 2020 due to the COVID-19 pandemic and its related impacts. Many, if not most, state agencies shifted their focus to supporting COVID-19 relief efforts for Oregonians. Staff were temporarily diverted to other urgent areas and agency procurement offices were immersed with related-emergency procurement requests.

Approved SP-1036-18, Section 10.c, Proposed Contracting Procedure, anticipated the need to further extend the Contracts: ��If the enterprise-wide solicitation, evaluation and award process takes longer than estimated, DHS/OHA may need to amend the Contracts for additional time and consideration��

Again, to support ODHS� and OHA�s continued access to the Services, DAS approved SP- 1036-18, Amendment #1 (�Attachment-2�), which enabled the Contracts to be extended for two more years through April 30, 2022.

Table 10.B (below) details the amendments executed to date and the associated NTE increases for the Contracts.

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TABLE 10.B

Amendment Activity: ODHS and OHA SpeakWrite Contracts *Requested under this Special Procurement Amendment 2 Request

Contract Term Funds Added To

NTE

Total NTE Comments

DHS�141964 13 5/1/2013-4/30/2018 -- $2,500,000 Max contract term 5 years.

Amendment 1

Amendment 2

4/30/2018-4/30/2019

4/30/2019-4/30/2020

$0

$500,000

$2,500,000

$3,000,000

SP 1036 2018

Allowed for 2 years extension

Amendment 3

Amendment 4

Amendment 5

4/30/2020-4/30/2021

4/30/2021-4/30/2022

9/20/2021-4/30/2022

$500,000

$0

$500,000

$3,500,000

$3,500,000

$4,000,000

SP 1036 2018

Amendment 1

Allowed for 2 years extension and adding funds.

*Amendment 6 Proposed 4/30/2022 � 4/30/2023

$750,000 $4,750,000 SP 1036 2018

Amendment 2

OHA�142095 13 5/28/2013- 4/30/2016 -- $25,000 Max contract term 5 years.

Amendment 1 12/01/2015-04/30/2017 $25,000 $50,000

Amendment 2 04/05/2017-04/30/2018 $15,000 $65,000

Amendment 3 04/30/2018-04/30/2019 $15,000 $80,000 SP 1036 2018

Allowed for 2 years extension

Amendment 4 04/30/2019-04/30/2020 $0 $80,000

Amendment 5 04/30/2020-04/30/2021 $0 $80,000 SP 1036 2018 Amendment 1

Allowed for 2 years extension

Amendment 6 04/30/2021-04/30/2022 $0 $80,000

*Amendment 7 Proposed 4/30/2022 � 4/30/2023

$0 $80,000 SP 1036 2018

Amendment 2

For additional historical and background information see

Attachment 1, Approved SP 1036 18, and Attachment 2, SP 1036 2018, Amendment #1.

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c. Current Need:

In 2021, the Team began developing and drafting RFP artifacts including the Scope of Services, related Guides, Proposal Submission Requirements, Evaluation Criteria and Process, etc.

DAS anticipates issuing the RFP on OregonBuys, the state�s eProcurement system of record, Q3 2022.

DAS anticipates the new statewide PAs will be executed no later than Q2 or Q3 2023.

In the interim, ODHS and OHA staff must have continued access to these vital Services to protect and serve their agency clients and Oregonians in need.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, ODHS will issue a public notice (�Notice�) of the approved SP Amendment #2 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 #2.

3. ODHS, in coordination with DAS, will respond to and resolve all protests, if any.

4. If no protests to this SP Amendment #2 are received or sustained, ODHS will proceed with issuing the Contract amendments as set out in Section 10.a, Amendment Request.

5. Pursuant to OAR 137-045-0015, ODHS will work with Oregon Department of Justice (�DOJ�) and obtain legal sufficiency approval prior to executing all Contract amendment(s), as required.

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

Transcription services to convert audio or text content into accurate transcripts has become an essential requirement for various industry sectors including legal, healthcare, and public safety. As public health and safety agencies, ODHS and OHA use SpeakWrite�s Services to streamline document preparation through transcribed case management narratives, court reports, home visit reports, and public meeting events. The primary user group accessing the contracted Services, Family Coaches and Case Workers, can use SpeakWrite�s Dictation Line to capture more focused, detailed contact narratives both on-site and between visits, which allows them to spend more time with clients. Losing access to the Services without a suitable replacement would likely:

create additional workload burden for agency staff;

slow agency staff work progress;

create case documentation backlog; and introduce unacceptable impacts to client services.

The ability to extend the Contracts up to two additional years will enable continued Services for ODHS and OHA while DAS completes the procurement process already underway.

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12. Findings to Satisfy the Required Standards: This proposed special procurement:

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

The Contracts were established through a competitive procurement process in accordance with Oregon statutes and administrative rules.

The ongoing work to be performed remains within scope of the original solicitation and the Contracts.

The RFP to establish new statewide PAs for transcription Services will be issued on OregonBuys Q2 or Q3 2022 and will be open to all providers of the requisite Services to compete for an award.

The facts and circumstances detailed in Attachment-1, Approved SP-1036-18, and Attachment-2, SP- 1036-2018, Amendment #1 are still applicable.

and

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

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 2-year Contract Term extensions and related funding requested in this SP Amendment No. 2 will support ODHS� and OHA�s ability to manage the flow of work through continued access to these vital Services. By offloading time-consuming paperwork, staff are better able to meet documentation standards and deadlines, while spending more time with clients receiving services and Oregonians in need.

The facts and circumstances detailed in Attachment-1, Approved SP-1036-18, and Attachment-2, SP- 1036-2018, Amendment #1 are still applicable.

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

Signature: e.g. Electronically in OregonBuys _________________ 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. 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.

APPROVED:

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