Attachment G_SP_REQ-10700-59457_DEIBServices_Approved.pdf

SP_REQ-10700-00059457_DEIB Services ATAs Page 1 of 6

REQUEST FOR SPECIAL PROCUREMENT No. 10700-00059457

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

6. Requesting Agency Name: Oregon Department of Administrative Services (“DAS”), Procurement Services (“DAS PS”) on behalf of State Agencies and Oregon Cooperative Purchasing Program (“ORCPP”) Members

2. Date of Request: January 18, 2024 3. Agency Number: 10700

4. Agency Contact Name: Jennifer Jolley 5. Phone: 971-900-7695

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

7. Time Period Requested: From: August 1, 2024 To: July 31, 2034

8. Total Estimated Cost: $10,000,000.00

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

Diversity, Equity, Inclusion & Belonging (“DEIB”) Services including the following (collectively “Services”):

• Consulting

• Training and Education

• Facilitation

• Strategic Planning

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

a. Request:

This Special Procurement (“SP”) Request #10700-00059457 seeks approval to:

• Use an alternate, accelerated, procurement process, as set out in SP Section d, Proposed Contracting Procedure, which may result in multiple awards of Agreements to Agree (“ATA’s”) for DEIB Services (“Services”).

• Enable State Agencies and ORCPP members (collectively “Authorized Purchasers”) to engage such services in an accelerated manner.

• Permit the State to periodically refresh the pool of ATA holders (“Contractors”).

Note: New or additional Service categories may be required in addition to those listed in Section 9 above during the Time Period requested in this SP. DAS PS will first request approval through an amendment to this SP before soliciting for new or additional Service categories as set out in Section 10.d, Step Four.

b. Background:

Oregon Department of Administrative Services (“DAS”) is the central administrative agency of Oregon State Government. Its mission is to support state government in serving Oregonians. DAS endeavors to establish the benchmark for good government by delivering reliable service, accurate information, and creative solutions. DAS strives to lead state agencies in advancing policy and budgetary goals.

SP_REQ-10700-00059457_DEIB Services ATAs Page 2 of 6

DAS values the following:

• A tailored approach to governance through partnership and collaboration.

• Striving to make state government an employer of choice, incorporating a flexible and nimble workplace to attract and retain a diverse workforce.

• Building racial equity into the foundation of state government.

• Investing in sustainable operations for a better climate future.

In August 2021, former Governor Kate Brown released the State of Oregon’s Diversity, Equity, and Inclusion Action Plan, ‘A Roadmap to Racial Equity and Belonging’ (the “Plan”). The Plan provides in part, information about Oregon’s racial equity vision, values and goals, the Plan’s objectives, and the ten

(10) strategies state agencies are required to advance such as Strategy 1 - Agency-specific Racial Equity Plan. The full Plan is viewable at: https://www.oregon.gov/lcd/Commission/Documents/2021-09_Item- 2_Directors-Report_Attachment-A_DEI-Action-Plan.pdf.

On June 16, 2022, former Governor Brown, signed Executive Order (“EO”) No. 22-11, Relating to Affirmative Action, Equal Employment Opportunity, Diversity, Equity, and Inclusion, attached hereto as ‘SP_Attachment-1’.

On August 3, 2022, former Governor Brown, signed EO No. 22-15, Directing State Agencies to take Specific Steps to Improve Equity In State Procurement and Contracting, attached hereto as ‘SP_Attachment-2’.

On January 11, 2023, current Governor Tina Kotek delivered a set of expectations to the leaders of Oregon state agencies that are focused on public administration (“Oregon Agency Expectations”), attached hereto as ‘SP_Attachment-3’. One of the 11 Agency expectations, and the subject matter of this SP request, is State Government Commitment to Diversity, Equity and Inclusion (“DEI”). This expectation requires all agencies to develop and maintain:

• a DEI Plan, updated every two (2) years.

• an Affirmative Action Plan, updated annually.

DAS PS is currently working to develop a Request for Proposal (the “RFP”) procurement opportunity seeking qualified consultants to provide the following Services:

• Service Category A: DEIB Consulting

• Service Category B: DEIB Training & Education

• Service Category C: DEIB Facilitation

• Service Category D: DEIB Strategic Planning

Due to the varied DEIB needs of Authorized Purchasers, it is anticipated that there will be a need for multiple Services providers for each Service category. DAS may also need to include (amend) additional Service categories in the resulting ATAs. Any such amendments will be initiated by an approved amendment to this SP first.

c. Current Need:

To support Authorized Purchasers’ compliance with the Governor’s Plan, Oregon Agency Expectations, and the requirements established in EOs No. 22-11 & No. 22-15, all of which may be amended by the https://www.oregon.gov/lcd/Commission/Documents/2021-09_Item-2_Directors-Report_Attachment-A_DEI-Action-Plan.pdf https://www.oregon.gov/lcd/Commission/Documents/2021-09_Item-2_Directors-Report_Attachment-A_DEI-Action-Plan.pdf

SP_REQ-10700-00059457_DEIB Services ATAs Page 3 of 6

Governor, Authorized Purchasers need timely access to a pool of experienced and qualified Services consultants. With DEI services continuously evolving to address changing societal needs, organizational priorities, and emerging best practices, DAS PS – on behalf of Authorized Purchasers – may find it necessary to:

• periodically refresh the pool of consultants to ensure an ample selection capable of accommodating all Authorized Purchasers.

• amend the ATAs to address changes to DEIB Service requirements arising from circumstances such as:

o New or amended state or federal laws.

o New or amended Service categories.

o New or amended EOs issued by the Governor.

d. Proposed Contracting Procedure: DAS PS proposes the following four-step procurement process:

Step One: Notice of Approved Special Procurement

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DAS PS will issue a public notice of the SP on the OregonBuys eProcurement system for a period of seven (7) calendar days.

2. The notice will include provisions that any affected party may protest the approval of the SP.

3. DAS PS will respond to and resolve all protest(s) of the SP if any.

4. If no protests are received and sustained, DAS PS, will proceed to Step Two.

Step Two: Initial Solicitation DAS PS, on behalf of Authorized Purchasers, will develop and conduct a competitive sealed procurement (RFP) in accordance with OAR 125-247-0260 to establish one or more ATA for DEIB Services.

1. DAS PS will develop the solicitation meeting all statutory, rule, policy and program requirements, and will address matters such as:

a. Consultant requirements and evaluation criteria.

b. Scoring, evaluation, and ATA award process.

c. ATA form including terms and conditions.

d. Service Order Contract (“SOC”) award process under the related ATA, including a consultant selection process.

2. DAS PS will publish the RFP electronically in OregonBuys.

3. For all proposals received, DAS PS will conduct a responsiveness check.

4. For all proposals passing the responsiveness check, DAS PS may seek clarifications, conduct interviews, conduct negotiations and other allowed procurement evaluations to create an effective ATA(s).

5. DAS PS may award one or more ATA.

6. Award of an ATA(s) will be based on specific criteria detailed in the RFP. DAS PS may move directly to award after all required negotiations have been completed.

Step Three: Service Order Contracts Once the ATA(s) are in place, Authorized Purchasers and ORCPP members will be permitted to award SOCs, as permitted by law and by following the consultant selection process (Best Value Analysis or “BVA”) as generally set forth below, which will be more specifically defined in the RFP.

SP_REQ-10700-00059457_DEIB Services ATAs Page 4 of 6

1. Authorized Purchasers will issue an electronic notice (the “Notice”) to consultants holding an ATA for the needed Service Category(s). The Notice will include a description of the requested Services; response submission requirements including submittal due date and time; BVA evaluation and scoring process.

2. Consultants shall submit responses to Authorized Purchaser on or before the submittal date and time set out in the Notice.

3. Authorized Purchaser shall evaluate all timely submitted responses in accordance with the BVA process set out in the Notice.

4. Upon completion of the BVA process, Authorized Purchaser may award a SOC to the ATA holder (consultant) offering the best value to the State.

Step Four: Services or Provider Pool Refresh From time to time, and at such time DAS PS determines new service categories or additional consultants are needed, DAS PS will conduct a shortened solicitation process as generally set forth below:

1. DAS PS, on behalf of Authorized Purchasers, will issue a shortened solicitation, that integrates the provisions and requirements of the initial solicitation (see Step Two above) along with any supplementary needs, including; updates to requirements, additional Service categories, modifications to scoring and evaluation processes, ATA and SOC award processes (including the consultant selection process), and terms and conditions for an ATA.

Note: Additional Service categories – in addition to those listed in Section 9 above – may be required moving forward. In that event, DAS PS will first request approval through an amendment to this SP before soliciting for additional Service categories.

2. DAS PS will publish the shortened solicitation electronically in OregonBuys for a minimum of fourteen (14) days to notice the vending community.

3. For all proposals received, DAS PS will conduct a responsiveness check.

4. For all proposals passing the responsiveness check, DAS PS seek clarifications, conduct interviews, conduct negotiations and other allowed procurement evaluations to create an effective ATA(s).

5. DAS PS may award one or more ATAs.

6. Any qualified proposer may submit a proposal by the advertised submission due date and time.

7. DAS PS may proceed to bilateral negotiations with any proposer(s) that the State believes can supply the specific Services that the State requires to meet the needs set forth in the shortened solicitation.

8. Current ATA holders may also submit a proposal for the new Service categories in accordance with the instructions provided in the shortened solicitation. If awarded, the ATA holder’s existing ATA will be amended to include the new Service category(s).

9. Award of additional ATA(s) will be based on specific criteria detailed in the shortened solicitation.

DAS PS may move directly to award after all required negotiations have been complete.

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

The Governor has prioritized DEIB expectations for all state agencies. Accordingly, DAS PS has identified the need to establish a pool of consultants to provide a comprehensive range of DEIB Services

SP_REQ-10700-00059457_DEIB Services ATAs Page 5 of 6 to Authorized Purchasers. This Request seeks approval of an alternate procurement process, which can only be granted through a Special Procurement, to:

1. establish a robust pool of Services consultants offering a broad range of DEIB Services.

2. facilitate Authorized Purchasers’ swift access to the Services.

3. periodically refresh the consultant pool, solicit and contract for additional Service categories, and establish supplementary ATAs, if necessary.

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:

1. Step Two, Initial Solicitation, described in Section 10.b above will encourage maximum competition from all providers of the Services.

2. Step Four, Service Provider Pool Refresh, described in Section 10.b above will also be conducted open and competitive. All providers of the required Services will be able to compete for an ATA award.

3. Smaller firms will be encouraged to participate and compete for an award, given that they will have the opportunity to propose on only the Service categories they are qualified to provide.

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 DEI Action Plan was designed to guide efforts of the state enterprise to dismantle racism and establish a shared understanding. It is intended to complement agencies’ existing equity initiatives and provide guidance to agencies early in their journey and thread the collective equity initiatives across the state.” (excerpt from EO 22-11) In order to align with the racial equity vision, values and goals established by former Governor Brown, as well as the agency expectations set forth by Governor Kotek, and to integrate DEIB principles across all facets of state government, Authorized Purchasers require access to qualified, experienced and knowledgeable DEIB consultants.

Establishing working environments that prioritize Diversity, Equity, Inclusion, and Belonging has been demonstrated to enhance employee engagement, retention, satisfaction, and productivity, consequently leading to improved overall business performance. For Oregonians, this translates to enhanced service delivery by state agencies, particularly benefiting those who are underserved and underrepresented.

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

Signature: e.g. Electronically in OregonBuys _________________ Type Name: Date:

SP_REQ-10700-00059457_DEIB Services ATAs Page 6 of 6

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. 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:

Jay Jackson, Procurement Policy Officer Date Department of Administrative Services

04/06/2024