IndependentPeopleJanitorialSuitabilityFinalOrder.pdf

Independent People Janitorial Services Suitability Determination Notice 10700-00002777

SD Janitorial Services Page 1 of 3

NOTICE OF DETERMINATION OF PRODUCT SUITABILITY

FROM A OREGON FORWARD CONTRACTOR

Before the Chief Procurement Officer

Department of Administrative Services, of the State of Oregon

In the Matter of the Oregon Forward Contractor, ) DETERMINATION OF Independent People, ) SUITABILITY & ORDER, Request for Suitability for providing ) Janitorial Services )

ORS 279.845(2) requires the Department of Administrative Services (DAS) to establish and publish a list of sources or potential sources of products and services produced by qualified non-profit agencies for individuals with disabilities, which DAS determines are suitable for procurement by public agencies pursuant to ORS 279A.025(4), 279C.335(c) and ORS 279.835 to 279.850.

Oregon Administrative Rule (OAR) 125-055-0020 outlines the process used by DAS to make such a suitability determination.

FINDINGS OF FACT

A. Request:

(1) In accordance with OAR 125-055-0020(2), Independent People has submitted a request and information to be listed on the Oregon Forward Program Procurement List for providing Janitorial Services, defined as the cleaning of a facility for appearance and for the health of the building's occupants for appearance and for the health of the building’s occupants. The following information satisfies the criteria required under OAR 125-055-0020(3).

(a) Oregon Forward Program Status: Independent People is compliant as an Oregon Forward Contractor in accordance with ORS 279.835(6) and OAR 125-055-0005 through 125-055-0040.

(b) Ownership: All equipment utilized in providing Janitorial Services is the sole property of, or leased by Independent People

(c) Tied Products: Independent People shall not obligate a public agency to buy a product tied to the service provided, unless the product provided is incidental to, or consumed in the performance of the service.

(d) Pricing: DAS will determine pricing per contract specifications. Pricing will meet the requirements of OAR 125-055-0030(2), Determination of Price.

(e) Purpose, Value, Capability:

i. Labor Operations: Independent People plans to employ at least three (3) individuals with disabilities, as defined in ORS 279.835(3), who will complete the tasks.

ii. Appreciable Value: Individuals with qualifying disabilities will perform all the activities involved in cleaning, including floor maintenance, window cleaning, day porter, dusting, bathroom cleaning and any other duties as are required to fulfill a janitorial contract. These activities satisfy the requirement of a measurable addition of value in the rendition of the service.

iii. Salaries: Independent People employees are compensated for their work performed at a rate of pay that is consistent with the applicable legal requirements of state and federal government.

SD Janitorial Services Page 2 of 3

(f) Subcontractor Disclosure: Subcontractors may be utilized to fulfill some contractual requirements. Independent People will facilitate the reporting of any direct labor as might be required to facilitate accurate record keeping as is required by OAR 125-055-0035.

(g) Quality Standards and Delivery Schedules: Independent People will provide Janitorial Services as stipulated by each statement of work. Work will be performed in accordance with industry and OSHA requirements.

B. Need for Product or Service

Public Agencies in Clackamas County, subject to ORS 279.850(1), routinely require Janitorial Services.

CONCLUSIONS

Based on the Suitability Determination request and DAS’s fact-finding, Independent People has satisfied the criteria required by OAR 125-055-0020 and will be listed on the Oregon Forward Program Procurement List for Janitorial Services as suitable for procurement by public agencies.

ORDER

DAS has determined that Janitorial Services, provided by Independent People meet all the criteria for service suitability in accordance with OAR 125-055-0020 and shall be listed on the Oregon Forward Program Procurement List as suitable for procurement by public agencies pursuant to ORS 279A.025(4), 279C.335(a) and ORS 279.835 to 279.850 subject to the following conditions:

a. Independent People is approved as a provider of Janitorial Services to public agencies subject to ORS 279.850(1) in Clackamas County, provided they can meet the specifications and timelines of the contracting agency. Prior to offering these services in any other county, DAS must approve the amendment request from the Oregon Forward Program.

The Notice for Determination of Suitability to include Janitorial Services, provided by Independent People, on the Oregon Forward Program Procurement List shall constitute a final order under ORS 184.484.

04/11/2022__________ _________________________________________ Date of Posting Oregon Forward Program Coordinator

Department of Administrative Services

05/11/2022 Effective Date of Listing

SD Janitorial Services Page 3 of 3

C. Protest of Suitability Determination:

A person or entity may protest this suitability determination in writing by 5:00 p.m. on the 30th calendar day following the Date of Posting. The protest must be received, at DAS, submitted to the attention of the Oregon Forward Program Coordinator at 1225 Ferry St., SE, Salem, OR 97301. The written protest must demonstrate:

a. How the listing will adversely affect the person’s or entity’s ability to compete for public contracts for the product or service proposed to be listed, and,

b. How the product or service to be listed fails to satisfy the criteria stated in OAR 125-055-

0020(2).

If a timely, written protest is received, DAS will consider the protest and issue a written response to the protest in accordance with OAR 125-055-0020(6). In considering a timely protest, DAS may request further information and comment from the complaining party and the Oregon Forward Contractor that submitted the request for Suitability Determination.

DAS will not consider a protest unless it is in writing and received by 3:00 p.m. on the 30th day following the Date of Posting.