REQ-10700 00127322_ElectronicFingerPrint_Approved2.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-00127322

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

1. Requesting Agency Name: The Department of Administrative Services, State Procurement Services (“DAS

SPS”)

2. Date of Request: April 11, 2025 3. Agency Number: 10700

4. Agency Contact Name: Dion Kerlee 5. Phone: 971-349-0518

6. Type of Request: __X_ Contract-specific Special Procurement

7. Time Period Requested: From: July 2, 2024 To: July 2, 2028

8. Total Estimated Cost: $5,854,650

9. Title: Supplies and/or Services to be Acquired: Electronic Fingerprint Capture Services (“Services”)

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

a. Request:

DAS SPS requests approval of this Special Procurement (“SP”) Request #REQ-10700-00127322 to amend Price Agreement #4720 (“PA”), issued to Fieldprint, Inc., (“Contractor”) as follows:

• reinstate the PA; and

• extend the PA for an additional four years to allow for a comprehensive and collaborative Request for Proposal (“RFP”) to be developed and facilitated to replace the existing PA.

b. Background:

2013 Regular Session House Bill 3330, which became operative January 1, 2014 declared an emergency and required DAS to establish a standard contract for electronic fingerprint capture technology services.

DAS conducted a Request for Proposals (“RFP”), published February 12, 2014 on the Oregon Procurement Information Network (“ORPIN”) and sought to establish a Price Agreement for Electronic Fingerprint Capture Services. Authorized Purchasers (“AP") would utilize the resulting PA to request background checks on subject individuals; such as foster parent prospects, volunteers, employment candidates, and nursing students as required by law.

The RFP had six addenda and closed March 7, 2014. Four Proposals were submitted in response to the RFP. A formal Notice of Intent to Award was issued March 31, 2014, naming Fieldprint Inc., as the apparent successful proposer. No protests were received.

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After successful negotiations DAS and Fieldprint Inc., executed Price Agreement #4720 on July 2, 2014.

The PA has been amended seven times and each amendment only extended the agreement for time and no other components of the PA were affected.

DAS SPS recently determined it was necessary to conduct research to determine whether or not a new solicitation should be issued to replace PA #4720. During an initial review of the PA and it’s documents it was observed that there was a maximum term, including all amendments of 10 years. It was also observed that amendment seven, had been processed extending the PA an additional one year beyond its ten-year maximum term of July 2, 2024.

c. Current Need:

Per legislative mandate, the State continues to need fingerprint services. Extending the PA beyond the maximum term will allow DAS SPS to re-solicit for these services.

DAS SPS anticipates conducting market research, necessary due to the complexity of the services being sought, to support the development of a comprehensive RFP. The RFP development will require strategic collaboration with a multitude of agencies and cooperative procurement partners to ensure any resulting agreement(s) meet the varying needs of agencies and authorized purchasers. The cumulative processes including RFP development, evaluations, agreement negotiations and necessary transition time to a replacement supplier necessitates keeping the current agreement active and in place through July 2028.

A Volume Sales Report (“VSR”) submitted April 11, 2025 was used to establish the following estimated spend for the requested period.

Quarterly Annual Requested Time Period $487,888 $1,951,550 $5,854,650

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DAS SPS will issue a public notice (“Notice”) of the approved SP on the OregonBuys eProcurement system for a period of seven (7) calendar days.

2. The Notice will include provisions that any affected party may protest the approval of the SP.

3. DAS SPS will respond to and resolve all protest(s) of the SP, if any.

4. If no protests are received and sustained, DAS SPS, will proceed with amending the PA as set out in Section 10.a above.

5. Pursuant to Oregon Revised Statute (“ORS”) 291.047 and related administrative rules, DAS SPS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing the PA amendment, if required.

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

1. Approval will prevent a critical lapse in services that are required by law.

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2. The PA has no renewal Terms available and has expired. The only procurement method available through which the PA can be amended and extended for time is the Special Procurement process.

3. Approval of this special procurement will support the collaborative development of an RFP scope and evaluation criteria that supports the needs of authorized purchasers, which includes cooperative purchasing partners.

4. Approval of this special procurement will allow sufficient time to account for advancements in technology and increased information security standards. This requires added due diligence relating to those topics to ensure optimum services are procured, authorized purchasers are protected and suppliers are compliant.

5. Being allowed to conduct the aforementioned due diligence will support DAS SPS in preventing a lapse in services, required by legislative mandate, for many agency partners, as well and cooperative procurement partners currently using the PA and further serve to ensure the most recent specifications, requirements and market conditions are considered in the development of the RFP.

12. Findings to Satisfy the Required Standards: This proposed special procurement:

(a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

• RFP 102-1075-14 for Electronic Fingerprint Capture Services was a publicly noticed formal competitive process that, through successful evaluations and negotiations resulted in the award of the current PA that has performed satisfactorily.

• A new RFP is currently underway (detailed in section c above).

o The RFP will be structured to foster maximum competition among proposers ensuring the most capable and qualified proposer(s) receive an award recommendation.

and

______ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

(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:

• Approval will prevent a catastrophic lapse in critical services that are required per a legislative mandate. The state continues to need fingerprint services while a new RFP process is undertaken. Were the PA to expire, it would result in APs incurring expense in seeking out services elsewhere and would have a negative impact on staffing and workloads.

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• Were the PA allowed to expire and not be extended; APs would be required to conduct multiple separate processes to enter into new agreements. This would result in procurement staff shifting priorities, while already navigating conflicting priorities and would result in increased costs to APs.

• Approval will prevent multiple agreements for the same services, with varied terms and conditions, from being executed by APs.

• APs, in seeking alternative means of services, would not be able to leverage aggregated spend to obtain the best available rates.

• Without the services APs would be without unable to request background checks on subject individual such as foster parent prospects, volunteers, employment candidates and nursing student as required by law.

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.

Signature: e.g. Electronically in OregonBuys April 15, 2025

Type Name: Date:

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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 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.

APPROVED:

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, State Procurement Services

05/12/2025