REQ-10700-00039840_AMD-1(1272-21)_Approved.pdf

REQUEST FOR SPECIAL PROCUREMENT

(SP) No. REQ-10700-00039840

(formerly SP-1272-21), Amendment No. 1

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

Requesting Agency Name: The Department of Administrative Services, Procurement Services (DAS PS) on behalf of the Office of the State Chief Information Officer (OSCIO), also known as Enterprise Information Services (EIS), Data Center Services (DCS)

1. Date of Request: September 14, 2023 3. Agency Number: 10700

4. Agency Contact Name: Marc Monetti 5. Phone: (971) 301-0760

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

7. Amendment Time Period Requested: From: April 22, 2021 To: February 28, 2026

8. Total Estimated Cost for Amendment Time Period: $80,000

Note: With approval of this SP Amendment No. 1 Request, the not-to-exceed (NTE) amount approved under the SP will be $131,705.

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

Continued use of On-Site Data Destruction Services

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

a. Amendment Request:

DAS PS, on behalf of EIS/DCS, requests approval of this Amendment No. 1 to Special Procurement (SP) No. REQ-DASBO 10700-00039840 (formerly SP-1272-21) for on-site data destruction services (Services) with DataSafe, Inc., to amend and increase to the Total Estimated Cost for Contract No. DASPS-1820-21 by $80,000 for a new NTE of $131,705.

b. Background:

Data Center Services (DCS) serves Oregonians by providing data center infrastructure services (managed computing, data network and data storage services), Information Technology professional services and enterprise email services to Oregon state agencies and other government entities. DCS maitains a contract for on-site, media destruction services to include; hard drives, thumb drives, tapes, compact discs (CDs) and digital versatile discs (DVDs). DataSafe continues to be the only company that can provide volume Hard Disk Drive (HDD) destruction within a 500–800 mile radius of Portland, Oregon.

For additional historical and background information See Original SP-1272-21_Attachment 1

c. Current Need:

DCS requires additional funding to DataSafe, Inc’s on-site sensitive data destruction services. DCS did not anticipate a significant increased volume of required on-site data destruction originally forecasted under Contract No. DASPS-1820-21. The increase in physical decommissioning activities were not a priority during the COVID-19 pandemic, as there were a lot less people working in state office locations at the time of the forecasting. With many state employees returning to state office locations (even in hybrid working conditions), data destruction services are on the rise. A Contract increase of $80,000 should maintain the important work of HDD (Hard Drive or Disk) destruction, tape/media, and miscellaneous media (DVD/CD) for the remainder of the contract through February 28, 2026 . The data security of Oregonians is one of DCS’s priorities.

d. Proposed Contracting Procedure:

• DAS PS will issue a public notice (Notice) through the State of Oregon’s eProcurement system, OregonBuys, as advertisement of this Amendment No. 1 to Special Procurement No. REQ- 10700-00039840 as required by Oregon Administrative Rule (OAR 125-247-0287) for a period of seven (7) calendar days. The public notice will include provisions that any affected person may protest the approval of the SP Amendment No. 1. DAS PS will respond to and resolve protests, if any.

• Any protests from alleged aggrieved parties concerning the facts and circumstances underpinning the DCS’ desire to purchase additional document destruction services from DataSafe, Inc.

• If no protests are received and sustained, DAS PS reserves the right to negotiate with and continue extended data destruction services from DataSafe for the life of the Contract.

• DAS PS will obtain Enterprise Information Services (EIS) endorsement before executing the next Contract Amendment.

• Pursuant to OAR 137-045-0015, DAS PS will work with the Oregon Department of Justice

(DOJ) and obtain legal sufficiency approval prior to executing the Contract Amendment, as required.

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

Special Procurement No. SP-1272-21 authorized $51,705 for on-site data destruction services from DataSafe, Inc. through February 28, 2026. The forecasted contract spend amounts were determined to be insufficient in July 2023. DCS reports that they underestimated the volume of media destruction services required. The number of hard drives, thumb drive, tapes, compact discs, and digital versatile discs simply exceeded expectations and an additional $80,000 is required to keep the confidential data of Oregonians secure.

DataSafe, Inc., remains under contract (DASPS-1820-21) to provide on-site data destruction through February 28, 2026. DCS has agreed to conduct a new market investigation for competitors to DataSafe, Inc., in 2024.

The same findings and justification statements detailed in

SP-1272-21 Attachment-1 are still applicable.

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:

Competition is unlikely to be diminished as the current provider, DataSafe, Inc. is currently the only known provider within a 500-800 mile radius of Portland, Oregon. DCS currently has a backlog of confidential items requiring on-site destruction, which data safety protocols require.

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:

The proposed contracting procedures set out in the original SP and this SP Amd-1 are in the public’s best interest given that the Services directly benefit Oregon residents by maintaining data safety protocols.

The same findings and justification statements detailed in SP-1272-21 Attachment-1 are still applicable.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request submitted through OregonBuys. Agency may elect to attach a signed Request as a pdf file through OregonBuys or submit a signed hard copy Request.

Signature: e.g. Electronically in OregonBuys Name/Title: Date:

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 OregonBuys. 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 (as required).

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date:

Department of Administrative Services