Aztec Sole Source Determination Notice Letter.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 9/06/2026 Sole source number: S-44300-00017919

To: Kirk N. Rhoades, Designated Procurement Officer ODHS Office of Contracts & Procurement

Requestor: Doug Anderson – Director of VESPN Agency/division: VESPN Department at the Oregon State Hospital, herein after referred to as “Agency” Program/office: Supported Education program Contract specialist: Keri Keen

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

DAS Delegation REQ-10000-00020921 (was 649-11), as amended

Estimated total contract value: $41,000.00 (future 5-year spend estimate based on historical renewals)

Description of goods or services: Aztec Software provides computer-based adult education, workforce training modules, and GED/high-school-equivalency preparation solutions through a cloud-based adaptive learning platform. The tool includes diagnostic assessments, individualized learning plans, video instruction, interactive practice activities, and progress-tracking features designed for academic remediation and GED preparation.

1. Background: This sole source justification applies to the purchase of:

a) Provide a brief description of the contract or contracts to be covered including contemplated future purchases; The Agency seeks to renew its long-standing use of Aztec Software, which has been in continuous use within the Oregon State Hospital’s Supported Education classroom since 2019. The system supports adult learners, including forensic patients who require structured remediation in reading, writing, math, and GED test subjects. The renewal reinstates expired licenses (previous expiration 11/30/2025) to continue uninterrupted access to curriculum and student progress data. Future renewals are anticipated annually and estimated at $2,189.28 per year, with total spend by 2031 estimated at $40,170.94.

b) Describe the product or service to be purchased; Aztec’s Bridge Series and Kaplan GED® Prep Solution are digital learning tools offering structured, self‑paced, competency‑based instruction and embedded assessments. They allow individualized remediation while maintaining continuity of existing student learning data.

c) Describe the reasons the agency is seeking this procurement Sole-Source.

Aztec provides unique, proprietary learning modules and an LMS environment that OSH has used for multiple years to track progress, structure remediation, and prepare learners for the GED test. Aztec’s adaptive learning system and data environment cannot be substituted without loss of historical student progress, disruption of treatment‑based learning, and incompatibility with existing content, accounts, and system configuration. The use case (forensic inpatient education) requires consistency, embedded supports, and a secure cloud LMS with de‑identified accounts, all already implemented in Aztec.

2. Prospective contractor/vendor:

Legal entity name: Aztec Software

DBA:

Address: 290 Davidson Ave /Somerset, NJ 08873 Contact person: Oregon Team Phone: 800-273-0033 Email: sales@aztecsoftware.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts and Procurement ATTN: Enrique Rodriguez Address: 500 Summer St, Suite E03, Salem, OR 97301 Phone: 503-569-8279 Fax: 503-378-4324 Email: enrique.rodriguez@odhsoha.oregon.gov

Agency reserves the right to purchase future software licenses or related subscription services, including expanded seat counts or additional curriculum modules, as needed to support instructional continuity. This may also include vendor‑provided training or support services if required.

mailto:enrique.rodriguez@odhsoha.oregon.gov

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

Aztec Software maintains exclusive ownership of its instructional content, system architecture, and cloud-hosted data environment. All curriculum modules, adaptive learning tools, and progress-tracking features are proprietary and are not licensed or distributed through any other vendor. Because these components operate within Aztec’s closed, vendor-controlled platform, no alternative provider can deliver compatible access, integration, or continuity with the Agency’s established learning environment.

These proprietary and ownership conditions demonstrate that the required technology and data framework are available solely from Aztec Software and support the conclusion that only one source can meet the Agency’s operational and compatibility needs.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

• OSH has maintained Aztec since 2019, including multiple annual renewals, accumulating substantial student progress data, customized learning plans, and established workflows.

• Alternative GED solutions (GED.com, Essential Ed, Kaplan standalone) do not integrate with Aztec’s LMS, do not support existing accounts, and cannot import OSH student learning histories.

• Aztec proprietary content, learning system architecture, and progress‑tracking are not sold or licensed by any other vendor.

• OSH’s use of de‑identified accounts, required for patient privacy, is already implemented and approved through multiple security and cloud workbook (CWB) reviews- switching platforms would require new multi‑department risk reviews.

• SHI is the exclusive NASPO value‑added reseller approved to sell Aztec licenses to OHA/OSH. There is no alternative distribution channel.

Thus, only Aztec Software (via SHI) meets compatibility requirements with OSH’s existing learning environment.

or

Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. [[Type here]Enter supporting documentation] or Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project. [[Type here]Enter supporting documentation] or Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. [[Type here]Enter supporting documentation]

APPROVED:

By:

Signed by DPO electronically via OregonBuys Kirk N. Rhoades or acting DPO

BRAND NAME DETERMINATION:

If a brand name is involved, Agency must also satisfy the requirements of OAR 125-247- 0691 by completing Attachment 1.

ATTACHMENT 1

DETERMINATION OF BRAND NAME SPECIFICATION

Requestor: Doug Anderson – Director of VESPN Agency/division: VESPN Department at the Oregon State Hospital, herein after referred to as “Agency” Program/office: Supported Education program

Agency Brand name statute/rule: Brand name authority:

OHA ORS 279B.215 ORS 413.033

DAS Delegation REQ-10000-00020921 (was 649-11), as amended

Total estimated cost: $41,000.00

1. Background: This sole source justification applies to the purchase of:

a) Provide a brief description of the contract or contracts to be covered including contemplated future purchases; The Agency seeks to renew its long-standing use of Aztec Software, which has been in continuous use within the Oregon State Hospital’s Supported Education classroom since 2019. The system supports adult learners, including forensic patients who require structured remediation in reading, writing, math, and GED test subjects. The renewal reinstates expired licenses (previous expiration 11/30/2025) to continue uninterrupted access to curriculum and student progress data. Future renewals are anticipated annually and estimated at $2,189.28 per year, with total spend by 2031 estimated at $40,170.94.

b) Describe the product or service to be purchased; Aztec’s Bridge Series and Kaplan GED® Prep Solution are digital learning tools offering structured, self‑paced, competency‑based instruction and embedded assessments. They allow individualized remediation while maintaining continuity of existing student learning data.

c) Describe the reasons the agency is seeking this procurement Sole-Source.

Aztec provides unique, proprietary learning modules and an LMS environment that OSH has used for multiple years to track progress, structure remediation, and prepare learners for the GED test. Aztec’s adaptive learning system and data environment cannot be substituted without loss of historical student progress, disruption of treatment‑based learning, and incompatibility with existing content, accounts, and system configuration. The use case (forensic inpatient education) requires consistency, embedded supports, and a secure cloud LMS with de‑identified accounts, all already implemented in Aztec.

2. Brand name to be acquired:

Legal entity name: Aztec Software

DBA:

Address: 290 Davidson Ave /Somerset, NJ 08873 Contact person: Oregon Team Phone: 800-273-0033 Email: sales@aztecsoftware.com

3. Findings to satisfy required standards:

Use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts because: [[Type here]Enter supporting documentation] or Use of a brand name specification would result in substantial cost savings to the agency or the public because: [[Type here]Provide total estimated cost savings to be gained and rationale for determining cost savings] or There is only one manufacturer or seller of the product of the quality, performance or functionality required; because:

• Aztec is a proprietary instructional system; no other vendor provides Aztec curriculum or LMS access.

• OSH’s Supported Education program depends on specific Aztec modules, Bridge Series and Kaplan GED Prep, whose content architecture and progress system are unique.

• SHI holds the NASPO SVAR contract (#CTR060028), through which Aztec is made available to Oregon agencies. There is no competitive reseller offering Aztec software.

• Substitution would diminish functionality, erase student progress history, disrupt treatment‑aligned education plans, and require new privacy/security reviews for alternative platforms.

or The efficient utilization of existing goods requires the acquisition of compatible goods or services because: [[Type here]Enter supporting documentation]

FINDINGS

The findings are accepted, adopted, and incorporated by reference herein.