Attachment 2_SP_1145_19_AMD_1.pdf

SP-1145-19, Amendment No. 1 Page 1 of 4

REQUEST FOR SPECIAL PROCUREMENT

SP 1145-19, Amendment No. 1

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

1. Requesting Agency Name: Oregon Department of Administrative Services, Procurement Services (DAS PS) on behalf of the Oregon Health Authority (OHA), Health Policy and Analytics Division.

2. Date of Request: September 9, 2020 3. Agency Number: 107090

4. Agency Contact Name: Nathan C. Ramos 5. Phone: (971) 707-0016

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

7. Amendment Time Period Requested: From: October 15, 2020 To: December 31, 2021

8. Total Estimated Cost for Amendment Time Period: $0.00

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

Include the ability of Public Health Departments to push public health data, including COVID-19 positive lab result and Multidrug-Resistant Organism (MDRO) notifications to the Collective Platform for non-Medicaid beneficiaries.

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

a. Amendment Request:

DAS PS, on behalf of OHA, Health Policy and Analytics Division requests approval of this

Amendment No. 1 to Special Procurement (SP) No. SP-1145-19 to add services to the Contract No. DASPS-1601-16 with Collective Medical Technologies, enabling the ability for Public Health Departments’ in Oregon and surrounding states, to push public health data, including positive COVID-19 lab results and Multidrug Resistant Organism (MDRO) data for non- Medicaid beneficiaries to Collective Platform. The Amendment does not increase the Not-To- Exceed (NTE) amount of the Contract No. DASPS-1601-16.

b. Background:

Collective Platform is a web-based platform that enables health care physicians and coordinators to better coordinate and manage patient care. This includes reducing emergency department utilization and after care services. Collective Platform provides a critical link in the continued care coordination and health management of patients after a visit to their local emergency department.

On August 14, 2019, Special Procurement No. SP-1145-19 was approved to extend Contract No.

DASPS-1601-16 for an additional two (2) years and increase the NTE. The approved SP was noticed on the Oregon Procurement Information Network (ORPIN) under DASPS-3298-19 and closed on August 21, 2019, with no protests received. Effective March 31, 2020, Change Order No. 1 was issued for the inclusion of COVID-19 positive lab results data to be included in

Attachment 2

SP-1145-19, Amendment No. 1 Page 2 of 4

Section 3 Part d. of the contract. Contract No. DASPS-1601-16 already includes data and support for MDRO security alerting.

c. Current Need:

OHA has a need to allow public health data, including COVID-19 positive lab results and MDRO notifications to be pushed into Collective Platform for non-Medicaid beneficiaries.

Currently only patients who receive Medicaid benefits are part of the scope outlined in the current contract.

The functionality of the Collective Platform needs to include non-Medicaid beneficiaries. This will ensure OHA is able to share any patient data, which supports its responsibilities, is allowed by law, and is not restricted to Medicaid only beneficiaries.

For additional historical and background information, see Attachment 1, Original SP-1145-19.

d. Proposed Contracting Procedure:

• DAS PS will issue a public notice on the Oregon Procurement Information Network (ORPIN) as required by Oregon Administrative Rule (OAR) 125-247-0287, for a seven (7) day period, regarding approval of this Special Procurement Amendment No. 1 to SP-1145- 19.

• At the completion of the seven (7) day notice period, if no protests to the SP-1145-19, Amendment No. 1 are received and sustained, DAS PS, on behalf of OHA, will negotiate an amendment to the Collective Medical Technologies Contract No. DASPS-1601-16 as described above.

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

• This program provides critical support for the Coordinated Care Organizations (CCOs), Medicaid Care management contracts, Medicaid-serving state programs, and Public Health.

• Collective Medical Technologies’ Emergency Department Information Exchange system is the only health information exchange, hospital event notification operating in Oregon across all hospitals with emergency departments.

• The Collective Platform supports care coordination across a continuum of critical Medicaid providers including primary care, behavioral health, dental and long-term services and supports.

• The Centers for Medicare and Medicaid Services (CMS) would likely not support, nor fund a duplication of efforts should a new platform be selected in order to broaden the scope of the Contract.

• Extending scope to include non-Medicaid beneficiaries supports public health responsibilities, where appropriate, by leveraging the statewide platform for alerts/notifications to health care providers and care coordinators for use cases like:

SP-1145-19, Amendment No. 1 Page 3 of 4 o COVID-19 response and support for those entities that statute allows OHA to share

Communicable Disease data o MDRO responsibilities for OAR 333-019-0052, Communication During Patient

Transfer of Multidrug-Resistant Organisms

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 data agreements that Collective Medical Technologies has in place with every hospital in Oregon is the key to real time notification services being effective. While the software may be replicated, the access to the data could not. It is imperative that during a public health crisis such as COVID-19, that hospital emergency departments and other health care providers receive up to date and accurate data. The addition of non-Medicaid patient lab results will assist in ensuring the safety, integrity and quality of coordinated patient care.

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:

Every hospital in Oregon is currently submitting data to, and using data from Collective Medical’s EDie system to receive real-time hospital event notifications, including positive lab results for COVID-19 for both Medicare and non-Medicare beneficiaries contributed at this time by some hospitals and Reliance eHealth Collaborative. OHA has already expended resources to achieve and support statewide participation in EDie by Oregon hospitals and a contract to support adoption and use of Collective Platform by Medicaid-serving organizations, including CCOs and state programs. Oregon’s has a current contract with Collective Medical Technology that does not expire until December 31, 2021.

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: e.g. Electronically in ORPIN _________________ Name/Title: Date:

SP-1145-19, Amendment No. 1 Page 4 of 4

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 execution of any contracts or amendments and will obtain Department of Justice (DOJ) legal sufficiency review and approval, as may be required.

APPROVED:

Approved by Debbie Dennis via email on: October 6, 2020 @ 3:09 PM PT Debbie Dennis, State Chief Procurement Officer, Date:

Department of Administrative Services