REQ-10700-00178687_Herbicides_SPS_Approved.pdf

SP #REQ-10700-00178687_Herbicides_SPS Page 1 of 5

REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-00178687

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 State of Oregon Agencies and the Oregon Cooperative Purchasing Program (“OrCPP”) members (“Authorized Purchasers”)

2. Date of Request: January 16, 2026 3. Agency Number: 10700

4. Agency Contact Name: Kim O’Neill 5. Phone: 971-349-0114

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

7. Time Period Requested: From: January 30, 2026 To: July 30, 2026

8. Total Estimated Cost: $1,780,000

9. Title: Supplies and/or Services to be Acquired: Supply and delivery of vegetation management chemicals

(Herbicides: Dry & Liquid)

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

a. Request:

DAS SPS, on behalf of State of Oregon Agencies and Oregon Cooperative Purchasing Program (“OrCPP”) members, requests approval of this Special Procurement (“SP”) No. REQ-10700-00178687 to amend the Price Agreement (“PA”) No. 6439 with Wilbur-Ellis Company, LLC (“Wilbur-Ellis”) for Herbicides: Dry & Liquid up to an additional six (6) months beyond the maximum term of ten (10) years, allowing sufficient time to complete a competitive solicitation for future products and services. The request also seeks to reinstate the PA (if needed) in accordance with Oregon Administrative Rules (“OAR”) 125-246-0570, making the PA in full force and effect as of January 30, 2026.

b. Background:

On November 3, 2015, DAS SPS issued a Request for Proposal (“RFP”) No. DASPS-2092-15 on the Oregon Procurement Information Network (“ORPIN”), the State’s previous e-Procurement system, for the purpose of establishing PAs with qualified providers for the sale and delivery of Herbicides: Dry & Liquid.

The RFP stated the initial term of the PA would be five (5) years, with the option to renew up to five (5) additional years, for a maximum term of ten (10) years.

Four (4) proposals were received and evaluated in accordance with the evaluation criteria and process set out in the RFP, resulting in the award of one (1) PA to Wilbur-Ellis. The PA expires on January 29, 2026 and has no renewals.

c. Current Need:

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DAS SPS has issued an Invitation to Bid (“ITB”) No. S-10700-00015503 for the supply and delivery of Herbicides: Dry & Liquid. The ITB anticipates awarding one or more PAs. The new PAs will be available for statewide use by Oregon State Agencies and Authorized Purchasers. The ITB is currently posted in OregonBuys® and is expected to close February 4, 2026. PAs are expected to be executed and in place in early March 2026, barring any unforeseen circumstances.

The modest term extension of up to six (6) months will allow the current PA to continue providing goods and services, while DAS SPS completes the solicitation and executes the new PA(s). Extension of the PA will ensure there is no gap in supply and delivery of Herbicides: Dry & Liquid necessary to carry out the duties and responsibilities of State Agencies and OrCPP members in the maintenance and upkeep of state vegetation, rights-of-way alongside the roads, and forest land, to ensure the state is in good condition and free from fire hazards.

Below is the volume of sales for Quarter’s 1 and 2 over the last 3-years. The Volume Sales Reports (“VSR”) were used to establish the following estimated spend for the requested period.

Quarter 1 and Quarter 2 of 2025 averaged $296,662.63 per month of Herbicide, Liquid, Dry purchases, totaling $1,779,975 for both quarters (January 1, 2025 – June 30, 2025).

Quarter 1 and Quarter 2 spend over the last three (3) years:

• 2023 - Q1 $549,653.62 Q2 $1,081,785.84 = $1,631,469.46

• 2024 - Q1 $569,189.44 Q2 $674,600.15 = $1,243,789.59

• 2025 - Q1 $808,030.70 Q2 $971,945.12 = $1,779,975.82

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, DAS SPS will issue a public notice (“Notice”) of the approved SP 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.

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

4. If no protests to this SP are received or sustained, DAS SPS will proceed with amending the PA as set out in Section 10.a., extending the term for six (6) additional months, through July 30, 2026.

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.

The PA has no renewal terms available beyond January 29, 2026. The only procurement method available through which the PA can be amended and extended for time is the Special Procurement process under ORS 279B.085. This SP request, which seeks to amend PA No. 6439 and extend the term up to six (6) additional months, will support uninterrupted supply and delivery of Herbicides: Dry & Liquid, by State Agencies and all Authorized Purchasers.

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The current PA will be replaced with new PA(s) established through a new competitive solicitation which is developed and currently posted in OregonBuys® No. S-10700-00015503. This SP will provide coverage from January 30, 2026 up to July 30, 2026 to assure coverage beyond the current expiration date and through the execution of new PA(s). This SP provides a buffer of six (6) months in case DAS SPS runs into any delay in the solicitation process. The new PA(s) will be in place on or before July 30, 2026 and the current PA will be terminated within 30 days of execution of the new PA(s).

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:

ITB No. S-10700-00015535 is currently published in OregonBuys® and closes on February 4, 2026. Over 40 potential bidders have been notified of the current solicitation opportunity. It is not possible to execute a new PA in the short timeframe from today to the term of the current PA (January 29, 2026).

The previous solicitation RFP No. DASPS-2092-15 sought to award multiple PAs for supply and delivery of Herbicides: Dry & Liquid.

The RFP:

o was publicly noticed on ORPIN, the State’s former eProcurement system of record, which held a roster of 40,000+ registered Suppliers:

o was conducted in accordance with applicable statutes and rules to foster maximum competition; and o resulted in a PA award to Wilbur-Ellis.

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:

Amending the PA and extending the term six (6) additional months substantially supports the maintenance of vegetation in the State and allows Authorized Purchasers to provide vegetation management services as expected.

Failure to amend and extend this PA term will:

o result in undue burden for all Authorized Purchasers, in sourcing and purchasing the Herbicides:

Dry & Liquid chemicals necessary to keep the roadways, land, and forests maintained.

o prevent access to these products and could result in the Authorized Purchasers’ not being able to maintain overgrown vegetation and pest populations.

SP #REQ-10700-00178687_Herbicides_SPS Page 4 of 5 o create a break in access to the authorized chemicals needed to manage the vegetation, which could result in fire hazards and pest infestation.

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® _________________ Type Name: Date:

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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. Upon completion of the Notice (section 1) the DAS State CPO’s approval applies retroactively to January 30, 2026.

APPROVED:

Kathryn Jones, State Chief Procurement Officer Date:

Department of Administrative Services, State Procurement Services

1/25/26