MMI Sole Source 2022 Justification Form.pdf
PDF 312 KB Posted
- Attached to
- Demand Response Mobility Software
- Solicitation number
- S-KS2410-00003920
- Issued by
- Marion County, Oregon
About this file
This is a Sole Source Determination and Justification Form submitted by the Oregon Department of Justice's Administrative Services Division to the Department of Administrative Services on August 1, 2022. The document authorizes a sole source procurement of eSOPH software by Miller Mendel, Inc. (MMI) for the Oregon Department of Justice's Criminal Justice Division. eSOPH is a cloud-based software system designed specifically for public agencies to conduct in-depth pre-employment background investigations on applicants, reducing investigation processing time by more than 50%. The estimated annual cost is not to exceed $7,500, with the agency preparing to move forward with an intermediate procurement with a contract not to exceed value of $150,000.
The justification for sole source procurement is based on MMI's exclusive patent rights to the eSOPH product through U.S. Patent No. 9070098 and U.S. Patent No. 10043188, making it the only vendor offering this proprietary solution to city, county, and state government agencies. The Oregon Department of Justice conducted extensive market research through internet searches, trade journals, agency vendor lists, professional organizations, and competing software vendors and concluded that MMI is the sole source for this product. The justification notes that eSOPH is already in use by other State of Oregon agencies, including the Oregon Department of Corrections and the Oregon Liquor and Cannabis, and emphasizes that MMI is located in the Pacific Northwest and provides exclusive training and support. The Designated Procurement Officer, Archana Thapa-Sherpa, approved the sole source determination on August 1, 2022.
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Text version
SOLE-SOURCE DETERMINATION AND JUSTIFICATION
FOR SUPPLIES AND SERVICES
No. S-13700-00003921
To: Designated Procurement Officer Department of Administrative Services
From: Oregon Department of Justice / Administrative Services Division
Designated Procurement Officer: Archana Thapa-Sherpa, DPO
Agency Analyst/Procurement Specialist: Lowell Elliott
Date: August 1, 2022
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 in to a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)
2. Estimated Total Value of Contract: Up to $10,000 annually.
3. Subject of Contract: Procurement of eSOPH software by MMI for the Criminal Justice Division.
4. Background:
- Agency is preparing to purchase eSOPH software by MMI for use in our Criminal Justice Division.
- It is the Agency’s intent to enter into a contract with MMI to purchase eSOPH as soon as possible.
- This sole source justification applies to the purchase of eSOPH by MMI.
- If this sole source determination is approved Agency will move forward with the purchase of eSOPH by MMI through an intermediate procurement with a contract not to exceed value of $150,000.
- eSOPH is a cloud-based software system designed specifically for public agencies who must process in-depth pre-employment background investigations on their applicants. eSOPH has been credited with cutting the time it takes to process a pre-employment background investigation by more than 50%, saving agencies significant time and money and allowing applicants to be hired more quickly.
- The estimated cost is not to exceed $7,500 annually.
- The agency is pursuing this procurement method for eSOPH due to the following. eSOPH is a sole source procurement option for city, county and state government agencies by way of Miller Mendel’s U.S. Patent No. 9070098 and U.S. Patent No. 10043188.
https://www.millermendel.com/esoph/
- Miller Mendel, Inc. (“MMI”) creates, sells, and supports its software technology solutions for city, county, state, and federal public safety agencies. MMI’s primary focus is to turn past practices used by city, county, state, and federal government agencies into modern, efficient, and cost-effective digital solutions.
https://www.millermendel.com/wp-content/uploads/2020/05/US9070098.pdf https://www.millermendel.com/wp-content/uploads/2020/05/US10043188.pdf https://www.millermendel.com/esoph/
5. Findings:
Agency has sought quotes from other vendors for this product, but no other vendors make or sell this proprietary product. The vendor MMI states eSOPH is a sole source procurement option for city, county, and state government agencies by way of Miller Mendel’s U.S. Patent No. 9070098 and U.S. Patent No.
10043188. https://www.millermendel.com/esoph/
A. Market Research Overall Finding.
- Pursuant to ORS 279B.075 and OAR 125-247-0275(3), Agency has conducted the following market research to justify that this sole source request is warranted. Criminal Justice has researched the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages to conclude that MMI is the only vendor that offers eSOPH. The vendor MMI states eSOPH is a sole source procurement option for city, county and state government agencies by way of Miller Mendel’s U.S. Patent No. 9070098 and U.S. Patent No. 10043188. https://www.millermendel.com/esoph/
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.
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.
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.
4. Pursuant to ORS 279B.075 (2)(d): Criminal Justice has researched other software products that produce a similar product, to include speaking with agencies that use the MMI product and law enforcement agencies using competing software products. MMI is a unique patented product design, ideally suited to the needs of Criminal Justice. MMI is in the Pacific Northwest and is an exclusive product, with full training and support for its use. MMI is already in use by other State of Oregon Agencies to include the Oregon Department of Corrections and the Oregon Liquor and Cannabis. The vendor MMI states eSOPH is a sole source procurement option for city, county, and state government agencies by way of Miller Mendel’s U.S. Patent No. 9070098 and U.S. Patent No.
10043188. https://www.millermendel.com/esoph/
Part B - Conditions of Approval will be inserted by DAS.
Approved By: ____________________________________________________________________ Archana Thapa-Sherpa, Designated Procurement Officer Date:
8/1/2022 https://www.millermendel.com/esoph/ https://www.millermendel.com/wp-content/uploads/2020/05/US9070098.pdf https://www.millermendel.com/wp-content/uploads/2020/05/US10043188.pdf https://www.millermendel.com/esoph/ lse Archana Thapa-Sherpa Signature
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