REQ-DASOBO-00019714 - FlowTracker II_Approved.pdf

Page 1 of 5 SP #REQ-DASOBO-00019714 - FlowTracker II

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00019714

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

1. Requesting Agency Name: Oregon Water Resources Department (“OWRD”)

2. Date of Request: 9/30/2021 3. Agency Number: 69000

4. Agency Contact Name: Salem Opeifa 5. Phone: 503-986-0929

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

7. Time Period Requested: From: 10/1/2021 To: 6/30/2027

8. Total Estimated Cost: $750,000.00 – this amount is calculated as follows:

$145,000.00: PA Not-to-Exceed (“NTE”) Compensation at execution $605,000.00: Compensation to be amended into the PA through this SP

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

SonTek FlowTracker2 Water Measurement Equipment

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

a. Request:

OWRD is requesting approval of this Special Procurement (“SP”) #REQ-DASOBO-00019714 to amend Contract #WRD 21 010 (“Price Agreement” or “PA”) issued to Sontek – a xylem brand (“Contractor”) as follows:

1. Extend the PA Term five (5) additional years

2. Increase the Total Contract Not-to-Exceed (“NTE”) Amount an additional $605,000.00

b. Background:

OWRD serves the public by practicing and promoting responsible water management through two key goals:

1. To directly address Oregon's water supply needs.

2. To restore and protect streamflows and watersheds in order to ensure the long-term sustainability of

Oregon's ecosystems, economy, and quality of life.

OWRD accomplishes this by:

collecting and analyzing data and information about groundwater and surface water levels issuing water rights that allow use of the state’s water resources regulating the use of water in accordance with water rights of record providing oversight of dam and well construction and maintenance to protect public health and safety developing a statewide plan to coordinate water management activities between diverse partners

Page 2 of 5 SP #REQ-DASOBO-00019714 - FlowTracker II supporting planning and project implementation by providing financial, planning, and technical assistance.

OWRD’s Field Services and Technical Services divisions operate and maintain over 250 gaging stations across the state. A gaging station is a site on a stream, lake, reservoir or other body of water where observations and hydrologic data such as real-time water levels and water quality are obtained using accepted industry processes and equipment such as:

Wading Rods – used to measure water depth when calculating discharge or water flow.

Handheld Acoustic Doppler Velocimeter (“ADV”) and Probe – used for water velocity measurements.

May 11, 2021, OWRD issued Request for Proposals (“RFP”) #690-1086-21 to solicit the acquisition of hydrologic equipment, specifically Wading Rods and Handheld ADVs, using an intermediate procurement process.

OWRD received two (2) proposals; one proposal met the RFP responsiveness requirements and the other was determined non-responsive.

The responsive proposal, submitted by SonTek – a xylem brand, was evaluated according to the process set forth in the RFP and prevailed with an award.

The PA was issued July 29, 2021 for Contractor’s FlowTracker2 Handheld ADV and Probe Assembly and SonTek Wading Rod

c. Current Need:

Recent drought has exacerbated existing water supply shortages for instream and out-of-stream users. OWRD, as both regulator and manager, relies on accurate measurements of surface water to uphold legal rights to water and to assess current supplies. The recent multi-year drought across the state plus ongoing and increasing water supply conflicts in basins across Oregon has left OWRD strained in its ability to maintain adequate measurement of surface water supplies for the State. Governor Brown and the Oregon legislative bodies have recognized the urgent need to support OWRD and the water supply management services it provides by approving OWRD’s 21-23 budget request. Findings from

d. Proposed Contracting Procedure:

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

2. The public notice will include provisions that any affected party may protest the approval of the

SP.

3. The Department of Administrative Services, Procurement Services (“DAS PS”) will respond to and resolve protests, if any.

4. If no protests to this SP are received and sustained, OWRD will amend the PA as set out in SP Section 10.a above.

5. Pursuant to OAR 137-045-0015, OWRD will work with DOJ and obtain legal sufficiency approval prior to executing the anticipated PA Amendment.

11. Justification for use of Special Procurement:

Shortly after OWRD issued the PA, its 21-23 budget was approved by the Oregon State Legislature and signed by the Governor. The budget sets out a number of priorities to support OWRD’s water resource management activities and its ability to respond adequately to the various water crises across the state. As set out in SP Section 10.c above, OWRD has identified a pressing need to purchase 32 FlowTracker2 devices soonest to replace legacy equipment and to equip new staff with the essential tools needed to perform their duties efficiently.

The contract was established through an open and competitive procurement process.

The FlowTracker2 devices adhere to the standards practiced by OWRD’s federal counterpart, United States Geological Survey (“USGS”).

OWRD will realize significant savings (see Section 12.b below) through a bulk purchase by December 31, 2021.

Purchasing additional FlowTracker2 devices will enable OWRD to maintain compatibility with its existing inventory of water measurement equipment.

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:

The PA was established through a competitive, intermediate procurement process in accordance with Oregon statute and rules. The RFP was advertised on the Oregon Procurement Information Network (“ORPIN), the State’s eProcurement system of record at that time. ORPIN had a register of 40,000+ vendors.

If a new, formal procurement process is required it will likely garner the same results given that, of the two (2) proposals submitted in response to the RFP, only one (Contractor) met the mandatory equipment specifications.

Since issuing the PA, OWRD has taken steps to standardize its inventory of wading rods and ADV devices with Contractor’s FlowTracker2 brand, which meets USGS standards.

There are other brands of wading rods and ADV devices available in the open market that have some, but not all, of the FlowTracker2 capabilities.

FlowTracker2 devices are proprietary to Contractor and are not available through other sources (i.e., partners, resellers).

and

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

With the anticipated bulk purchase, OWRD will:

receive an additional 17% discount off the price of the devices estimated at $48,000.00; and

SP #REQ-DASOBO-00019714 - FlowTracker II

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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:

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: Lisa Snyder Date: 10/1/2021

Prepared by: Salem Opeifa

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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 ORPIN. 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 amendment, if any.

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date Department of Administrative Services

Digitally signed by Kelly Mix Date: 2021.12.15 12:03:25 -08'00'