REQ-10700-00146863_4184_AMD-1_Covendis_SPS_Approved.pdf

REQ-10700-00146863 (4184)_AMD-1_Covendis_SPS Page 1 of 6

REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-00146863 (previously S-10700-00004184), Amendment No. 1

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

1. Requesting Agency Name: Oregon Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of the State of Oregon state agencies and Oregon Cooperative Procurement Program (“ORCPP”) members (collectively “Authorized Purchasers”)

2. Date of Request: August 8, 2025 3. Agency Number: 10700

4. Agency Contact Name: Warren Nickerson 5. Phone: (971) 375-5148

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

7. Amendment Time Period Requested: From: September 1, 2025 To: December 31, 2026

8. Total Estimated Cost for Amendment Time Period: N/A - Price Agreement

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

• Information Technology professional services

• Vendor management services

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

a. Amendment Request:

The Department of Administrative Services, State Procurement Services, on behalf of state agencies and ORCPP members (“Authorized Purchasers") requests approval of this Special Procurement (“SP”) No. REQ-10700-00146863 (previously S-10700-00004184), Amendment No. 1 to reinstate (if necessary) and extend the Participating Addendum No. 9436 (“PA 9436”) with uWork.com dba Covendis (“Covendis”) for fifteen months beyond the current term of August 31, 2025 to complete a new solicitation for these services, which may include participating in a cooperative procurement and execution of a new participating agreement under National Association of State Procurement Officials (“NASPO”) cooperative Master Agreement #22PSX0086AD for Information Technology Managed Service Providers (“IT MSPs”).

b. Background:

On or about October 1, 2018, DAS SPS, on behalf of Authorized Purchasers, executed Participating Addendum No. 9436 with uWork.com dba Covendis, under the NASPO Master Agreement #14PSX0338AA for IT MSPs. NASPO Master Agreement #14PSX0338AA expired on 8/31/2022 after the lead state (“Connecticut”) was unable to complete negotiation of renewal terms by that date.

Consequently, the original PA 9436 co-terminated with the NASPO Master Agreement.

DAS SPS issued and approved SP No. S-10700-00004184, attached hereto as SP Attachment-1, REQ-10700-00146863 (4184)_AMD-1_Covendis_SPS_v2 Page 2 of 6 to permit DAS SPS and Covendis to adopt and reinstate the terms of NASPO Master Agreement #14PSX0338AA, including the terms of PA 9436, as a contract directly between DAS SPS, on behalf of Authorized Purchasers, and Covendis to permit Authorized Purchasers to continue contracting for information technology contingent services under an Oregon-specific contract in the same manner as under the NASPO Master Agreement and PA 9436. The reinstated contract is REINSTATEMENT AND AMENDMENT NO. 2 to Participating Addendum No. 9436, or “Amendment 2”. The reinstated contract, still designated as PA 9436, expires August 31, 2025.

PA 9436 continues to be a vital and important facet of the sourcing strategy for IT services, providing a means for Authorized Purchasers to more quickly solicit and procure resources for IT projects on smaller budgets or for limited duration.

Since expiration of NASPO Master Agreement #14PSX0338AA, the State of Connecticut successfully completed a solicitation and execution of four NASPO Master Agreements for its IT MSP portfolio.

The current term of these new NASPO Master Agreements expires October 31, 2026, and the terms can be extended through October 31, 2029. DAS SPS intends to reengage in participation in this portfolio.

If DAS SPS is unsuccessful in negotiation of one or more participating addendum(s) under this new IT MSP portfolio, DAS SPS will need the time to research and participate in another cooperative or in the alternative, conduct its own solicitation to replace these very needed services.

For additional historical and background information see Original SP Attachment-1

c. Current Need:

DAS SPS seeks approval to amend Special Procurement S-10700-00004184 to permit amending PA 9436 to reinstate (if necessary) and extend the current term, so that Covendis can continue to provide the necessary services until such time as DAS SPS can enter into another contract for these services, including potentially entering into a contract under an Oregon only solicitation, participating in the cooperative procurement and executing a new Participating Addendum with Covendis under NASPO Master Agreement #22PSX0086AD, or with one or more of the other providers the NASPO IT MSP portfolio or participating in another cooperative solicitation.

d. Proposed Contracting Procedure:

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

(7) calendar days.

2. The Notice will include provisions that any Affected Person(s) may protest the approval of this SP Amendment Request.

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

4. If no protests to this SP Amendment Request are received or sustained, DAS SPS will proceed with amending PA 9436 with uWork.com, dba Covendis to extend its termination date through December 31, 2026.

REQ-10700-00146863 (4184)_AMD-1_Covendis_SPS_v2 Page 3 of 6

5. Pursuant to OAR 137-045-0015, DAS SPS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing the Amendment to the PA, as required.

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

After the Original SP (SP_Attachment-1) was approved and SPS reinstated and executed Participating Addendum No. 9436, or “Amendment 2”, the PA became authorized within the provisions of the SP. Consequently, any amendments to the PA outside of the approved Original SP

– whether for additional time, services, or related costs - must first be requested and approved by DAS through an amendment to the SP.

The current and future need for IT professional services continues to be dire, with state and local agencies’ IT staffs stretched thin or non-existent. PA 9436 serves as an important facet in obtaining IT support services, providing a means to obtain services more quickly for projects of limited budget or duration.

Currently, there are forty-three (43) active WOCs under the Covendis PA, with twenty-three (23) that extend past the 8/31/2025 expiration date of the current PA. In addition to that, several state agencies have, between them, six (6) active recruitments underway and nine (9) Work Order Contracts (WOCs) waiting for final signatures. This IT support will be lost or severely hampered unless a replacement for the Covendis PA 9436 is created.

The same justification and findings of fact provided in the Original SP (SP_Attachment-1) still apply.

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:

DAS SPS and Authorized Purchasers have been working with Covendis for over six years under the current PA9436 and prior NASPO Master Agreement regime. This extension is merely an extension of the current service levels to preserve the status quo and prevent disruption of services while DAS SPS obtains replacement services.

The selection of consultants to supply services from Covendis is itself a competition for public contracts. An Authorized Purchaser submits its needs to the Covendis Vendor Management System (“VMS”), a pool of qualified consultants is selected and presented to the Authorized Purchaser via VMS, and the Authorized Purchaser then selects the consultant to fill its needs after conducting its own evaluation of the candidates (e.g., best value, interviews, availability, price, etc.).

REQ-10700-00146863 (4184)_AMD-1_Covendis_SPS_v2 Page 4 of 6

Additionally, the current NASPO IT Managed Service Providers portfolio that includes the NASPO Master Agreement #22PSX0086AD with Covendis, is the result of a competitive cooperative procurement conducted by the State of Connecticut. DAS SPS will conduct a competitive evaluation of the other providers in the NASPO IT Managed Service Providers portfolio with the goal of increasing the number of providers and contractors available to Authorized Purchasers for these services.

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:

DAS SPS will be unable to complete the competitive procurement process and onboard a new vendor before the current PA 9436 expires on August 31, 2025, through either under the NASPO IT Vendor Managed Services portfolio or by an open market solicitation. The sudden loss of these IT professional services and the IT MSP services that Covendis provides would be devasting to information technology projects across the State. Authorized Purchasers would incur exorbitant additional costs associated with trying to fill vacancies or replacing existing WOC resources.

The same justification and findings and supporting facts provided in the Original SP (SP Attachment-1) still apply.

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:

REQ-10700-00146863 (4184)_AMD-1_Covendis_SPS Page 5 of 6

SP Attachment-1 Original SP No. S-10700-00004184

SP

S-10700-00004184_u

REQ-10700-00146863 (4184)_AMD-1_Covendis_SPS_v2 Page 6 of 6

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 or contract amendment execution, if any.

APPROVED

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, State Procurement Services

08/14/2025