Notice and Request for posting.pdf

Oregon Kate Brown, Governor

April 25, 2022

Re: Notice of Approval of Special Procurement

The State of Oregon, acting by and through its Department of Transportation hereby provides public notice of the approval of Special Procurement #REQ-DASOBO-00022507 for Daktronics Variable Message Signs.

This is not an opportunity to submit a proposal. This notice is pursuant to Oregon Revised Statutes (ORS) 279B.085 (5) and 279B.400 and Oregon Administrative Rules (OAR) 125-247- 0287, 125-247-0700 and 137-047-0700. Any affected person may protest the approval of the Special Procurement which is outlined in the attached Request for Special Procurement.

An affected person must deliver a written protest to the State Chief Procurement Officer within seven calendar days after the first date of this public notice.

The written protest must include:

1. A detailed statement of the legal and factual grounds for the protest;

2. A description of the resulting harm to the affected person; and

3. The relief requested.

A protest must be clearly labeled and include the Special Procurement number. Protests must be delivered to the State Chief Procurement Officer within the seven calendar days by mail or email at the following:

Mail State Chief Procurement Officer Attn: Protest of Special Procurement #REQ-DASOBO-00022507 Oregon Department of Administrative Services EGS-Procurement Services 1225 Ferry St SE, Salem, OR 97301

Email Subject Line: Protest of Special Procurement # REQ-DASOBO-00022507 egs.pscustomercare@das.oregon.gov

A copy of the protest should also be sent to the Agency’s single point of contact but this does not satisfy the requirement to deliver the protest to the State Chief Procurement Officer. The Agency single point of contact for questions and information about the Special Procurement and Notice is Joanne Robinson, 503-986-2665, joanne.m.robinson@odot.oregon.gov.

Department of Transportation ODOT Procurement Office

503-986-2665 Joanne.m.robinson@odot.oregon.gov mailto:egs.pscustomercare@das.oregon.gov mailto:joanne.m.robinson@odot.oregon.gov mailto:Joanne.m.robinson@odot.oregon.gov

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REQUEST FOR SPECIAL PROCUREMENT No. REQ‐DASOBO‐00022507

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

1. Requesting Agency Name: Oregon Department of Transportation (“ODOT”)

2. Date of Request: 2/3/2022 3. Agency Number: 73000

4. Agency Contact Name: Joanne Robinson 5. Phone: (503) 986‐2665

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

7. Time Period Requested: From: September 6, 2022 To: September 5, 2023

8. Total Estimated Cost: $2,123,886.00

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

Variable message signs (“VMS”) and related Supplies and Services

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

a. Request:

ODOT requests approval of this Special Procurement (“SP”) #REQ‐DASOBO‐00022507 to amend Price Agreement (“PA”) No. 730‐29871‐16, issued to Daktronics, Inc. (“Contractor”), to extend the PA Term for one additional year beyond its stated maximum term of 10 years.

b. Background:

ODOT is responsible for managing and operating the highways and freeways in the state of Oregon. The VMS purchased under the PA are used for warning motorists of incidents ahead, weather conditions, travel times, congestion conditions, and the changing of the posted speed based on congestion and road conditions due to weather. ODOT purchases VMS that are furnished to contractors for installation as part of large construction projects. ODOT also uses the PA to replace its aging signs that are at end of life as part of its routine maintenance activities.

Under its authority in ORS 279A.050(3)(b), ODOT issued Request for Proposals (“RFP”) 730‐24401‐11 on the Oregon Procurement Information Network (“ORPIN”), the State’s eProcurement system of record at the time, on 10/24/2011 and closed the RFP on 11/28/2011. The purpose and scope of the RFP was to award a PA for the provision of all VMS specific to highway and freeway operations.

ODOT received three timely submitted, responsive proposals, which were evaluated in accordance with the evaluation process and criteria set out in the RFP. Contractor prevailed as the highest ranked

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Proposer and the PA was executed September 6, 2012. The PA has been extended to its maximum allowable term, ending September 5, 2022.

c. Current Need:

ODOT needs a contracting mechanism in place to continue purchases of VMS for freeway and highway applications while it conducts a competitive solicitation to establish a new long‐term PA. Obtaining this equipment is critical to maintaining and operating Oregon’s highways and freeways safely for the traveling public. The total estimated cost for the requested extension is $2.1M based on the 2021 purchases detailed in Table 10.C below.

d. Proposed Contracting Procedure:

1. In accordance with Oregon Revised Statute (“ORS”) 279B.085 and Oregon Administrative Rule (“OAR”) 125‐247‐0287, ODOT will issue a public notice regarding approval of this SP Request on the state’s current eProcurement system of record, OregonBuys, for a period of seven calendar days.

2. Advertisement of the special procurement approval will serve as notification to the supplier community that ODOT intends to amend the PA with Daktronics, Inc. for an additional one‐year term, and will include provisions that any affected party may protest the approval of this SP.

3. The Department of Administrative Services, Procurement Services, working with ODOT, will respond to and resolve all protests, if any.

4. If no protests of this SP are received or sustained, ODOT will negotiate and issue an amendment to the PA as set out in Section 10.a above.

5. Pursuant to OAR 137‐045‐0015, ODOT will work with the Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing the PA amendment, if required.

TABLE 10.C

2021 VMS PURCHASES

PO Total Cost

131003 $75,100

131009 $703,720

131106 $204,300

131142 $39,288

131186 $10,172

131142 $39,288

131106 $204,300

131318 $252,050

131296 $554,980

131279 $40,688

Total $2,123,886

Average $212,388.60

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

ODOT is currently developing a new formal RFP through which it will seek competitive proposals from qualified proposers meeting ODOT’s requirements for VMS and related goods and services. ODOT’s Intelligent Transportation Systems unit is realizing that despite starting the procurement process well in advance of the PA expiration date, the nature of this specific procurement requires adequate time for ODOT to update its standard engineering drawings and calculations for the structures that mount the VMS over the traveling public. The number of construction projects statewide that use these engineering drawings is extensive and the transition from one supplier to the next must be strategically managed.

The proposed extension of PA 730‐29871‐16will allow ODOT to purchase new and replacement VMS that are critical for the agency’s freeways and highways while ODOT continues to develop and conduct the procurement process to establish a new PA.

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:

The PA for the variable message signs was originally solicited through a formal competitive RFP process in accordance with ORS 279B.060. The following findings of fact would have encouraged maximum vending community interest and participation in the original solicitation:

o The RFP was advertised on ORPIN, which had a roster of 40,000+ Suppliers (aka Vendors).

o The RFP contemplated awarding up to two Price Agreements.

o The RFP contemplated a multi‐year Price Agreement up to 10 years cumulatively.

o The RFP contemplated an estimated spend of $5,000,000.00 over the PA 10‐year term.

The current Contractor and all other providers of variable message signs and related services will have the opportunity to submit a proposal in response to the RFP currently being developed, allowing for maximum competition. The RFP will also be conducted on OregonBuys to reach as many VMS providers as possible.

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:

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ODOT operates and maintains about 8,000 miles of road including interstates, U.S. highways and state highways and approximately 2,700 bridges. To promote travel safety, ODOT uses variable message signs to provide motorists with information about traffic congestion, traffic crashes, maintenance operations, adverse weather conditions, roadway conditions, organized events, and so.

Extending the term of the current PA will promote the public interest by reducing risks associated with disrupted use of this vital traffic equipment and the important information it communicates to motorists traveling on Oregon roads and highways.

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.

Melissa Canfield, ODOT Chief Procurement Officer/ DPO Date

Approved by ODOT CPO delegate Marie Wright via email dated 2/16/2022

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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 ORPIN. 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. Authorized 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.

3. Authorized Agency shall comply with all Enterprise Information Services (“EIS”) conditions and requirements prior to contract execution, if any.

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date Department of Administrative Services

Electronic signature on file, dated 4/8/2022