Notice of Sole Source and Justification.pdf

Notice of Sole Source To Program and Manage WebCTRL Software in Support of HVAC System

OregonBuys #S-47100-00008251

OED 24-032

The State of Oregon, acting by and through Oregon Employment Department (OED) hereby provides public notice of the approval of Sole Source Procurement S-47100-00008251.

This is not an opportunity to submit a bid. This notice is pursuant to Oregon Revised Statutes (ORS) 279B.075 and Oregon Administrative Rules (OAR) 137-047-0275. Any affected person may protest the approval of the Sole Source Procurement.

An affected person must deliver a written protest to the Single Point of Contact of the agency within seven (7) 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 OregonBuys Procurement number. Protests must be delivered to the Single Point of Contact identified below within the seven (7) calendar days by email and title the subject line, “Protest of Sole Source Procurement S-47100-00008251” at the following:

Name: Darla Glick, Procurement and Contract Specialist 3

Email: darla.j.glick@employ.oregon.gov

Phone: 971-375-3988

For questions and information about this Sole Source Procurement and Notice, contact Single Point of Contact, Darla Glick at the email address or by phone number listed above.

mailto:darla.j.glick@employ.oregon.gov

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

To: Ronda Wirth, Interim DPO Oregon Employment Department

From: Property & Risk Management

Agency Analyst/Procurement Specialist: Darla Glick

Date: September 22, 2023

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: $50,000 for one (1) year, to be renewed annually for up to five

(5) years.

3. Subject of Contract: Clima-Tech Corporation, using WebCTRL system by Automated Logic (ALC) that runs the HVAC System in Salem’s WorkSource Office.

4. Background:

This is a request for a Sole Source Contract to Clima-Tech Controls. This contract is for computer programming and HVAC controls management (not for the typical HVAC maintenance type contract). The HVAC controls system is proprietary (see ALC Supplier letter attached). Although OED has not previously written a service agreement for this work, the Clima-Tech Controls system has been in place and continues to operate at SLM210 for many years.

WebCTRL provides Salem WSO with software tools to keep occupants comfortable, manage energy conservation measures, identify key operational problems, and analyze the results.

WebCTRL is a proprietary software product of ALC and is supported solely by a local ALCE Branch or Dealer. Clima-Tech is the sole ALC Dealer for Oregon and Southwestern Washington.

5. Findings:

This is a request for a Sole Source Contract to Clima-Tech Controls. This contract is for computer programming and HVAC controls management (not for the typical HVAC maintenance type contract). The HVAC controls system is proprietary (see ALC Supplier letter attached). The Clima- Tech Controls system has been in place and continues to operate at SLM210 for many years. The current maintenance of the ALC control system is included in an existing maintenance contract with CoolSys, OED contract #22-178. The request for proposal related to that contract indicated the ALC control system would be contracted separately for maintenance and software updates. This sole source contract would allow a separate, direct contract with Clima-Tech and OED, enabling OED to work directly with Clima-Tech to ensure regular maintenance and software updates are performed without having to go through the regular HVAC contractor.

A. Market Research Overall Finding.

The HVAC digital controls system that has been in place for many years at the Salem WSO is Automated Logic. ALC products and services are solely represented in the State of Oregon by Clima- Tech Corporation.

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.

The HVAC system that has been in place at the Oregon Employment Department’s WorkSource Office in Salem for many years, is programmed by Clima-Tech Corporation. Currently, Clima-Tech is the only source who is authorized to program and manage the software that supports the HVAC system at the Salem Office. The current HVAC system is functioning well and is projected to be in use for an estimated five (5) years.

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.

To continue the current support, seasonal testing and upgrades, Clima-Tech is the only source who provides these services in the State of Oregon.

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.

The manufacturer of the control system, ALC, has provided a letter which states “Automated Logic (ALC) products and services are solely represented in the State of Oregon by Clima-Tech Corporation. They are responsible for all aspects of our product including design, engineering, programming, installation, start-up and warranty. This includes ALC hardware/software sales, warranty support of ALC systems and factory training. Clima-Tech has been an authorized dealer of Automated Logic Corporation (ALC) since 1997 and continues to demonstrate its expertise through the successful completion of a wide range of challenging control projects.”

Part B - Conditions of Approval will be inserted by DAS.

Approved By: ____________________________________________________________________ Ronda Wirth, Interim Designated Procurement Officer Date: