Att 5 REQ-DASOBO-00128317 Amd-4_.pdf

REQ-DASOBO-00128317, Amendment #4 SpeakWrite Transcription Services Page 1 of 6 (Original SP & SP_Amd-1: SP-1036-18;

SP_Amd-2: REQ-DASOBO-00023665; SP_Amd-3: REQ-DASOBO-00080958)

REQUEST FOR SPECIAL PROCUREMENT

No. REQ-DASOBO- 00128317, Amendment No. 4

(Original SP-1036-18; Amd-1: SP-1036-18; Amd-2: REQ-DASOBO-00023665; Amd-3: REQ-DASOBO-00080958)

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

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

2. Date of Request: April 17, 2025 3. Agency Number: 10000

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

5. Phone: (971) 719-1054

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

7. Amendment Time Period Requested: From: May 1, 2025 To: April 30, 2026

8. Total Estimated Cost for Amendment Time Period: $460,000 With approval of this SP_Amd-4 Request:

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

o ODHS-141964-14: NTE $5,650,000, which reflects an increase of $450,000.

o OHA-142095-14: NTE $100,000, which reflects an increase of $10,000.

• the cumulative total estimated cost approved through this SP and its Amendments 1-4 will be $5,750,000.

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-00128317, Amendment No.

4 (“SP_Amd-4”), the Office of Contracts & Procurement (“OC&P”), which resides within ODHS and supports the contract and procurement activities of both ODHS and Oregon Health Authority (“OHA”) (collectively the “Agencies”), seeks approval to reinstate and amend the following contracts (collectively the “Contracts”) issued to SpeakWrite LLC (“Contractor” or “SpeakWrite”) as outlined below:

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SP_Amd-2: REQ-DASOBO-00023665; SP_Amd-3: REQ-DASOBO-00080958)

1. DHS-141964-14 (“ODHS Contract”)

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

0570.

• Amend the Contract in accordance with the terms of this SP_Amd-4.

• Increase the Contract NTE an additional $450,000 for a cumulative NTE of $5,650,000.

• Extend the Contract Term through April 30, 2026.

2. OHA-142095-14 (“OHA Contract”)

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

• Amend the Contract in accordance with the terms of this SP_Amd-4.

• Increase the Contract NTE an additional $10,000 for a cumulative NTE of $100,000.

• Extend the Contract Term through April 30, 2026.

b. Background:

The Contracts, issued in 2013 with maximum terms of five years, were established through a cooperative procurement conducted in accordance with Oregon’s Public Contracting Code, as outlined in Oregon Revised Statutes (“ORS”) Chapters 279A, 279B, and 279C, and are heavily utilized by the Agencies to obtain electronic voice dictation and transcription Services.

To support the conduct of a new procurement process, and to ensure the Agencies’ continued access to the Services, Oregon Department of Administrative Services (“DAS”) authorized amendments to the Contracts as follows:

2018: SP-1036-18 (“Original SP”), attached hereto as ‘SP_Attachment-1’.

Term: 2-year extension, through April 30, 2020.

NTE: OHA Contract increased $15,000.

DAS Approval: July 23, 2018

2020: SP-1036-18, Amendment #1 (“SP_Amd-1”), attached hereto as ‘SP_Attachment-2’.

Term: 2-year extension, through April 30, 2022.

NTE: ODHS Contract increased $912,000.

DAS Approval: March 18, 2020

2022: REQ-DASOBO-00023665, Amendment #2 (“SP_Amd-2”), attached hereto as ‘SP_Attachment- 3’.

Term: 2-year extension, through April 30, 2024.

NTE: ODHS Contract increased $750,000.

DAS Approval: April 15, 2022

2024: REQ-DASOBO-00080958, Amendment #3 (“SP_Amd-3”), attached hereto as ‘SP_Attachment- 4’.

Term: 1-year extension, through April 30, 2025.

NTE: ODHS Contract increased $450,000 and OHA Contract increased $10,000.

DAS Approval: September 26, 2024

For additional historical and background information see SP_Attachments 1-4.

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c. Current Need:

DAS State Procurement Services completed the new procurement process (Request for Proposals (“RFP”) #S-10700-00007807) and issued the following six (6) Price Agreements (“the PAs”) on March 25, 2025.

Price Agreement Number Transcription Services Provider Name

PO-10700-00042814 Datagain, Inc.

PO-10700-00042816 Officemotive, Inc. dba Capital Typing

PO-10700-00042815 eScribers, LLC

PO-10700-00042817 TransPerfect Translations International, Inc.

PO-10700-00042813 Celerity Solutions Group, LLC

PO-10700-00042818 VIQ Solutions, Inc.

The Agencies have utilized Contractor for electronic voice dictation and transcription Services over the past 12 years; however, Contractor was not awarded a Price Agreement under the new procurement. The Agencies need up to 12 months to:

1. Contract with one of the new Transcription Services Providers.

2. Migrate data and transition to the new Transcription Services Provider’s system.

3. Train ODHS and OHA staff (approximately 3,000) on the new Transcription Services

Provider’s system.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, ODHS (OC&P) will issue a public notice (the “Notice”) of this approved SP_Amd-4 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 this SP_Amd-4.

3. DAS will respond to and resolve all protests of this SP_Amd-4, if any.

4. If no protests to this SP_Amd-4 are received or sustained, ODHS (OC&P), will proceed with reinstating and amending the Contracts as set out in Section 10.a, Amendment Request, and in accordance with Delegation Agreement #REQ-DASOBO-00146412, Amendment No. 1 (previously REQ-DASOBO-00089028), as amended.

5. Pursuant to 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:

The Contracts were originally established through a formal procurement process under ORS 279B.060, with five-year terms ending April 30, 2018. Since then, the Contracts have been amended to extend their terms and increase their NTE amounts through the Original SP and its Amendments

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SP_Amd-2: REQ-DASOBO-00023665; SP_Amd-3: REQ-DASOBO-00080958)

1 through 3 (SP_Attachments-1 through 4).

With the approval of the Original SP (SP_Attachment-1) and execution of the corresponding Contract amendments, the Contracts became subject to the terms of the SP, as amended. Any further extension of the Contract terms or increase in NTEs can only be requested and approved through a Special Procurement Amendment Request.

The same justification statements and facts set out in SP_Attachments 1-4 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 Agencies, through this SP_Amd-4, are requesting approval to continue using SpeakWrite transcription Services for a limited transition period of up to 12 months. This request is made in the interest of maintaining Service continuity and ensuring a smooth an effective transition to a new provider under the recently issued PAs.

The Agencies have used SpeakWrite for the past 12 years, during which time approximately 3,000 employees have become fully trained and proficient in the processes and systems established with this vendor. The longstanding relationship has led to the development of extensive, customized infrastructure to support the Agencies’ transcription needs. This includes tailored documentation processes, specialized templates, detailed records retention protocols, structured account and subaccount coding, hierarchical access controls, and Agency-specific instructional materials and training programs.

On March 25, 2025, DAS issued the new PAs. SpeakWrite, the incumbent provider for the Agencies, did not receive an award. The Agencies are fully committed to complying with the new, mandatory-use PAs and intend to transition to one of the awarded vendors. However, due to the depth of integration and internal process customization built around SpeakWrite’s platform, the Agencies will require up to 12 months to complete this transition. This timeframe is necessary to:

• Establish a new contract under one of the recently executed PAs.

• Rebuild the customized infrastructure (as outlined above) to align with the new provider’s system.

• Conduct internal testing and system adjustments.

• Train approximately 3,000 Agency employees to effectively use the new system and maintain operational integrity.

This SP_Amd-4 does not seek to circumvent the competitive process but merely provide the time necessary for a responsible and orderly transition. This short-term, transitional arrangement upholds the principles of fairness while minimizing operational disruption and risk.

and

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

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SP_Amd-2: REQ-DASOBO-00023665; SP_Amd-3: REQ-DASOBO-00080958) 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:

ODHS and OHA case workers, licensors, complaint specialists, family coaches, and Child Protective Services workers rely heavily on the Contracts to accurately and efficiently document complex, sensitive, and often time-critical information through streamlined processes. The Services allow these professionals to focus on client interactions and urgent casework while ensuring that detailed, timely, and legally sound records are created and securely stored. This improves service continuity, supports compliance with legal and policy requirements, and ultimately enhances the safety and well-being of the vulnerable populations they serve.

Approval of this SP_Amd-4 will enable a brief continuation of Services under the Contracts to support the Agencies’ eventual full transition to one of the newly awarded PA holders (vendors), with full preparation and minimal impact to public service delivery.

The facts and findings detailed in SP_Attachments 1-4 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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SP_Amd-2: REQ-DASOBO-00023665; SP_Amd-3: REQ-DASOBO-00080958)

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.

4. Upon completion of the Notice (section 1) the DAS PPO’s approval applies retroactively to May 1, 2025.

APPROVED

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, State Procurement Services

9/4/2025