REQ-DASOBO-00017483_Final.pdf

REQ-DASOBO-00017483 Page 1 of 4

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00017483 (Formerly SP-521-11, Amendment No. 2)

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

1. Requesting Agency Name: Oregon Youth Authority (OYA)

2. Date of Request: August 19, 2021 3. Agency Number: 415000

4. Agency Contact Name: Amber Forster 5. Phone: (971) 304-5770

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

7. Amendment Time Period Requested: From: September 29, 2021 To: September 28, 2026

8. Total Estimated Cost for Amendment Time Period: $467,481

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

Cincom Smalltalk Software Subscription License Renewal

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

a. Request:

OYA requests approval of this Special Procurement (SP) No. REQ-DASOBO-00017483 (formerly SP- 521-11, Amendment No. 2) to extend OYA Contract No. 1402 (Contract) with Cincom Systems, Inc.

(Cincom) for an additional five (5) years (through 2026) for maintenance and operational support purposes. OYA also seeks to increase the not-to-exceed (NTE) an additional $467,481, for a total not-to-exceed of $2,111,324.

The current Delegation no. 634-11 and current Special Procurement no. 521-11 expire December 1, 2021, OYA is requesting to extend the Delegation and Special Procurement five (5) years to September 28, 2026. The related new OregonBuys delegation number will be REQ-DASOBO- 00017475.

b. Background:

On September 29, 2000, OYA entered into a Software License Agreement No. 1402 with Cincom Systems, Inc. OYA received delegated authority from the State Procurement Office through an Interagency Agreement dated September 29, 2000 and conducted a sole-source procurement in accordance with the provisions of applicable purchasing statutes, rules and policies.

The delegation granted OYA the authority to procure and administer the contract for "Cincom Smalltalk Software," in an amount up to $250,000. The original 3-year term of the agreement was for $202,500. The license was renewed in 2003 for a 3-year term for an additional $212,900 and again in

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2006 for a 5-year term and an additional $378,782 for a total of $591,682 since the original delegation expired.

OYA recognizes that the delegation ended after the initial term of the agreement in September, 2003.

OYA believes this was an oversight of the procurement staff that worked on the agreement during that time period. The procurement staff that previously worked on the agreement is no longer with OYA.

OYA has developed internal procedures to prevent similar errors from occurring in the future.

Delegation was then extended through 2011. In 2011, DAS Delegation was extended through 2016.

In 2016, DAS Delegation 634-11 and Special Procurement 521-11 was extended through December 1, 2021.

c. Current Need:

OYA needs to extend the current contract with Cincom five (5) additional years through September 28, 2026 totaling $467,481. Total NTE will increase from $1,643,843 to $2,111,324. The current contract is set to expire on September 28, 2021.

The table(s) below reflect a breakdown of the total estimated costs for the period of performance requested:

d. Proposed Contracting Procedure:

1. OYA will issue a public notice on the State of Oregon’s new eProcurement system, OregonBuys, as required by Oregon Administrative Rule (OAR) 125-247-0287, for seven (7) calendar days, regarding approval of the Special Procurement Amendment request.

2. Advertisement of the Special Procurement Amendment will include provisions that an Affected Offeror may protest the approval of the SP Amendment, provided the Affected Offeror submits the protest to the Department of Administrative Services, Procurement Services (DAS PS) within seven (7) calendar days of the posting of the approval of this SP Amendment request.

3. DAS PS, along with OYA, will respond to and resolve protests, if any. If no protests to this SP Amendment are received or sustained, OYA will proceed with negotiation of a contract amendment with Cincom. OYA will obtain all necessary approvals, including Department of Justice (DOJ) legal sufficiency review and Enterprise Information Services (EIS) approvals, as may be required.

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

Special Procurement. Attach relevant documentation.

Services: 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 Annual support, hosting, and maintenance fees for as follows:

$92,791 $92,791 $92,791 $94,554 $94,554

TOTAL Operating Costs: 9/29/21 – 9/28/26 $467,481

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Due to the critical need of the Cincom Smalltalk Software to continue to operate OYA's Juvenile Justice Information System (JJIS), OYA is requesting to extend the Contract for an additional five (5) years for end-user license and maintenance. Cincom is the only vendor who can provide OYA with the needed upgrades for JJIS.

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:

OYA has determined through current market research that there is no other competition. Cincom Smalltalk products are proprietary and are owned and licensed exclusively by Cincom Systems, Inc.

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:

In 1997, the Oregon legislature approved funding for the development and implementation of a statewide Juvenile Justice Information System (JJIS). JJIS serves the day-to-day information needs of Oregon's county juvenile departments and the OYA. The JJIS development environment consists largely of Smalltalk, in addition to other programming languages. The use of this product is necessary for the day-to-day business of OYA and promotes the agency's mission of public safety.

In addition, OYA received a substantial discount rate for the software license. By entering into a longer-term contract, OYA secured rates that did not increase during the term of the agreement.

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. 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) calendar 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 execution of any contracts or amendments and will obtain Department of Justice (DOJ) legal sufficiency review and approval, as may be required.

APPROVED:

Debbie Dennis, State Chief Procurement Officer, Date:

Department of Administrative Services

9/23/21