Elite 2024 Sole Source Determination.pdf

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

No. S-13700-00011636

Oregon Department of Justice (“DOJ” or “Agency”)

Designated Procurement Officer: Archana Thapa-Sherpa DPO

Agency Analyst/Procurement Specialist: Lowell Elliott, PCS3

Date: 09/17/24

Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)

2. Estimated Total Value of Contract: $85,000.00

3. Subject of Contract: Elite Enterprise 3.12 update

4. Background: Agency is preparing for a one-time purchase of professional services for planning, implementation and post-implementation testing of Elite Enterprise 3.12 update. This is a vendor-provided update that is only available through Thomson Reuters/Elite and their partner(s). Harbor Global is the partner providing this service on their behalf. DOJ is currently running Elite Enterprise 3.11, which has reached end-of-life. As this is a core system due for replacement as part of the Legal Tools program, and also due to cost, it was decided to not replace Elite and accept the inherent risks involved. However, a coding issue exists within Elite 3.11 (and wasn’t discovered until the Elite 3.11 upgrade project was underway) that makes it very likely the software will cease to function after December 31, 2025. Elite has released an updated version, 3.12, that corrects this issue. Only available as a professional services engagement, this proposal is to enable DOJ staff to work with Elite’s implementation vendor and upgrade to 3.12. Failure to complete this work could lead to DOJ’s inability to provide timely billing to client agencies. A workaround may require significantly increased effort and inefficiencies on the part of the Billing team which may not even be feasible at current staffing levels.

The estimated cost for this procurement is $85,000.00.

5. Findings: This sole source is for a software update that addresses a known bug in the version DOJ using. Updates to software are only available from the software vendor and this update is only provided to customers as a professional services engagement through the vendor.

A. Market Research Overall Finding. Because this sole source is for a software update that addresses a known bug in the version DOJ using. Updates to software are only available from the software vendor and this update is only provided to customers as a professional services engagement through the vendor.

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Our market research of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources and yellow pages has verified that there are no other vendors that can offer this service and that a sole source procurement must be pursued.

And

B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:

1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

This is a vendor-provided update that is only available through Thomson Reuters/Elite and their partner(s). Harbor Global is the partner providing this service on their behalf and they are the only vendor that can supply these compatible services to DOJ’s Elite software.

2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your 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.

NOT APPLICABLE

3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.

NOT APPLICABLE

4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

This is a software update that addresses a known bug in the version DOJ using. Updates to software are only available from the software vendor and this update is only provided to customers as a professional services engagement through the vendor.

Approved By: ____________________________________________________________________ Archana Thapa-Sherpa, Designated Procurement Officer (DOJ) Date

9/20/2024