Att 4 SP_DASOBO-84585_Amd-3.pdf

SP No. REQ-DASOBO-00080958, (formerly SP-1036-18)_AMD 3_Speakwrite Voice DictationPage 1 of 6

REQUEST FOR SPECIAL PROCUREMENT

No. REQ-DASOBO-00080958, Amendment No. 3

(Original SP-1036-18; Amd-1 SP-1036-18; Amd-2 DASOBO-23665)

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

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

2. Date of Request: June 17, 2024

3. Agency Number: 10000

4. Agency Contact Name: Katrina Augustus; Office of Contracting & Procurement

5. Contact Phone: (971) 719-1054

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

7. Amendment Time Period Requested: From: May 1, 2024 To: April 30, 2025

8. Total Estimated Cost for Amendment Time Period: $460,000

With approval of this SP Amd-3 Request:

• the cumulative maximum not-to-exceed compensation (the “NTE”) payable to Contractor under the subject Contracts will be as follows:

o ODHS-141964-13: NTE $5,200,000, which reflects an increase of $450,000.

o OHA-142095-13: NTE $90,000, which reflects an increase of $10,000.

• the cumulative total estimated cost approved through this SP and its Amendments 1-3 will be $3,115,761.

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:

Through this Request for Special Procurement (“SP”) No. REQ-DASOBO-00080958, Amendment No. 3 (“Amd-3”), ODHS, which supports the contract and procurement activities of both ODHS and Oregon Health Authority (“OHA”) through its Office of Contracts & Procurement (“OC&P”), seeks approval to reinstate the following contracts (collectively “the Contracts”) issued to SpeakWrite LLC (“Contractor”) and amend them as outlined below.

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1. DHS-141964-13 (“ODHS Contract”)

• Reinstate the Contract in accordance with Oregon Administrative Rule (“OAR”) 125-246-

0570.

• Increase the NTE an additional $450,000 for a cumulative NTE of $5,200,000.

• Extend the Contract Term through April 30, 2025.

• Reserve the option to extend the Contract Term one additional year, through April 30, 2026. Before proceeding with this option, ODHS, and specifically its OC&P, will first determine if the anticipated Statewide Price Agreement(s) for digital audio or video files transcription Services (the “PAs”), as discussed in section 10.b (below), are executed and available to state agencies for use.

o If one or more PA is available for use, ODHS will leverage the PA(s) to procure its transcription Services needs.

o If none of the anticipated PAs are available for use by March 1, 2025, ODHS will obtain DAS’ approval through an amendment to this SP (i.e., SP Amendment No. 4) before it amends the Contract Term, increases the Contract NTE, or both.

2. OHA-142095-13 (“OHA Contract”)

• Reinstate the Contract in accordance with OAR 125-246-0570.

• Increase the NTE an additional $10,000 for a cumulative NTE of $90,000.

• Extend the Contract Term through April 30, 2025.

• Reserve the option to extend the Contract Term one additional year, through April 30, 2026. Before proceeding with this option, OC&P will first determine if the anticipated PAs are executed and available to state agencies for use.

o If one or more PA is available for use, OC&P will leverage the PA(s) to procure

OHA’s transcription Services needs.

o If none of the anticipated PAs are available for use by March 1, 2025, ODHS - OC&P will obtain DAS’ approval through an amendment to this SP (i.e., SP Amendment No. 4) before it amends the Contract Term, increases the Contract NTE, or both.

b. Background:

ODHS and OHA staff, including family coaches and case workers, use the Services to transmit voice and video recordings and receive transcribed documents for case management narratives;

court reports; home visits; voicemails; and videos for public meeting events.

Both Services Contracts resulted from the same cooperative procurement, Request for Proposal (“RFP”) #DHS-3534-13, in which SpeakWrite prevailed.

The Contracts were issued in 2013 and contemplated Terms up to 5-years; through April 30, 2018.

2018:

ODHS submitted Request for SP-1036-18 (“Original SP”), attached hereto as ‘SP_Attachment-1”, seeking approval to amend both Contracts to extend their Terms two additional years, through April 30, 2020, and to increase the OHA Contract NTE an additional $15,000. DAS approved the Original SP on July 23, 2018.

Simultaneously, DAS commenced activities to develop a statewide procurement strategy to establish multiple statewide Price Agreements (“PAs”) for transcription Services.

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January 2020 – May 2023:

Development of the transcription Services procurement strategy and related procurement documents were fairly stymied during the COVID-19 pandemic years. State agencies and staff were focused on pandemic support and relief efforts.

To support ODHS’ and OHA’s continued access to the Services, DAS approved SP-1036-18, Amendment #1 (“SP_Amd-1”) on March 18, 2020, a copy of which is attached hereto as ‘SP_Attachment-2’. SP_Amd-1 enabled the Terms of each Contract to be amended for two additional years, through April 30, 2022, and the ODHS Contract NTE to be increased an additional $912,000. The ODHS Contract was ultimately amended for $1M.

DAS also approved SP Amendment #2 (OregonBuys #DASOBO-23665) on April 15, 2022, attached hereto as ‘SP_Attachment-3’, which enabled the Terms of each Contract to be amended for two additional years, through April 30, 2024, and the ODHS Contract NTE to be increased an additional $750,000.

2023-2024:

Activities to develop the scope of the transcription Services required by state agencies, small boards, and commissions was stepped up in 2023. This required additional considerations of data sensitivity levels (i.e. Level 1 – Published; Level 2 – Limited; Level 3 – Restricted; Level 4 – Critical) for the voice and video recordings to be transcribed, as well as extensive market research.

On July 17, 2024, Request for Proposal #S-10700-00007807 (the “RFP”) was published on OregonBuys, the state’s eProcurement system of record. This opportunity was open to all providers of the Services described within the RFP, which closed on Friday, August 16, 2024. The next phase of this procurement will evaluate all Responsive proposals. DAS anticipates that multiple PAs will be executed and available to state agencies for use in Q1 or Q2 of 2025.

For additional historical and background information see SP_Attachments 1-3.

c. Current Need:

Due to internal changes within ODHS and OHA program offices and the simultaneous onboarding of a new Contract Administrator, the Contracts erroneously expired on April 30, 2024. Without access to the Services:

• 16+ District offices would be negatively impacted.

• Case workers would need to dedicate significantly more time manually documenting interviews and meetings. This shift would likely reduce the amount of time case workers could dedicate to direct, in-person interactions with clients and Oregon’s vulnerable populations.

• Crucial details and patterns that warrant attention could go unnoticed, leading to missed opportunities for improvement or timely escalation of issues.

The efficiency provided by the Services is crucial in ensuring that ODHS and OHA staff can focus more on providing support and assistance to those in need, rather than getting bogged down in administrative tasks. Therefore, this SP_Amd-3 seeks to reinstate and amend the Contracts for additional time and money (aka compensation payable to Contractor under the Contracts) until such time as DAS issues the PAs discussed above in Section 10.b, Background.

d. Proposed Contracting Procedure:

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1. As required by OAR 125-247-0287, ODHS – OC&P will issue a public notice (the “Notice”) of this approved SP_Amd-3 on OregonBuys for a period not less than seven (7) calendar days.

2. The Notice will include provisions that any affected party may protest the approval of SP_Amd-3.

3. DAS will respond to and resolve all protests, if any.

4. If no protests to this SP_Amd-3 are received or sustained, ODHS – OC&P will proceed with issuing amendments to both Contracts as set out in Section 10.a, Amendment Request, in accordance with Delegation Agreement #DASOBO-89028.

5. Pursuant to Oregon Revised Statute (“ORS”) 291.047 and related OAR 137-045-0015, ODHS – OC&P 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.

With the approval of the Original SP (SP_Attachment-1) in 2018 and subsequent amendment of the Contracts, the SP and the Contracts became intertwined. Therefore, the Contracts cannot be reinstated and amended as outlined in Section 10.a above, without first obtaining DAS approval through an SP Amendment Request.

The same justification statements and facts set out in SP_Attachments 1-3 still apply.

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 RFP to establish new statewide PAs for transcription Services was issued on OregonBuys July 17, 2024.

o The opportunity was structured to foster maximum competition.

o OregonBuys currently holds a roster of 29,670 vendors.

o The opportunity is currently in the proposals evaluation phase.

o DAS anticipates issuing the PAs Q1 or Q2 of 2025. ODHS and OHA will leverage the PAs for Services thereafter and the Contracts will be expired.

and

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

or

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_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:

ODHS and OHA case workers, licensors, complaint specialists, family coaches, and Child Protective Services workers rely heavily on the Contracts to streamline their documentation processes. This not only enhances the quality of care and support provided to Oregon’s vulnerable populations, including children, aging people, and individuals with disabilities, but also allows staff to dedicate more time to direct client interactions.

Reinstating and amending the Contracts to extend their Terms through April 30, 2025, as requested in this SP_Amd-3, will serve several important purposes:

1. Bridging the Gap: The extensions will ensure continuity in transcription Services, preventing any disruptions until DAS establishes the new PAs, which are anticipated to be in place by Q1 or Q2 of 2025.

2. Supporting Workflow Management: By maintaining the current Contracts, ODHS and OHA will be able to manage their workflows effectively and focus more on direct client interactions, which is essential for providing quality service and support. Additionally, a stable contract environment can reduce administrative burdens, enabling teams to prioritize their core responsibilities and enhance overall productivity.

3. Promoting Public Interests: Approval of this SP_Amd-3 will aid ODHS’ and OHA’s timely delivery of health and human services to the community, which not only supports the well-being of individuals but also fosters a healthier society overall.

The facts and circumstances detailed in SP_Attachments 1-3 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 OregonBuys. 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 amendment execution, if any.

APPROVED:

Jay Jackson, Procurement Policy Officer Date Department of Administrative Services

9/26/2024