REQ-DASOBO-00039455_Approved.pdf

SP No. REQ-DASOBO-00039455 Page 1 of 6

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00039455

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

1. Requesting Agency Name: Department of Administrative Services, Procurement Services (“DAS PS”), on behalf of the Oregon Department of Veterans Affairs (“ODVA”)

2. Date of Request: June 7, 2023 3. Agency Number: 10700

4. Agency Contact Name: Jennifer Jolley 5. Phone: (971) 900-7695

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

7. Time Period Requested: From: June 7, 2023 To: June 30, 2024

8. Total Estimated Cost: $235,874

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

Business and Strategic Planning, including Diversity, Equity & Inclusion (“DEI”)

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

a. Request:

DAS PS, on behalf of the ODVA, requests approval of this Special Procurement (“SP”) #REQ-DASOBO- 00039455 to amend and extend Service Order Contract (“SOC”) No. 090520 with Olympic Performance (“Olympic”) beyond its original term March 31, 2024, and increase the $139,575 not-to-exceed (“NTE”) amount by $235,874, establishing a new NTE amount of $375,449.

b. Background:

The Oregon Department of Veterans’ Affairs was founded in 1945 to, in the words of then-Governor Earl Snell, “provide every possible service and assistance to our returning veterans.” Today, the ODVA’s mission is to help ensure the nearly 300,000 veterans, spanning four generations and five major eras of warfare, have access to the best care, resources, and opportunities that the nation’s veteran benefit system can offer. ODVA works in partnership with local, state, and federal government and community partners to deliver services, resources, and benefits that meet the needs of today’s diverse veteran community.

ODVA strives to provide a diverse and inclusive staff to ensure the needs of the agency and veteran community are met.

To assist ODVA with developing their strategic plan, ODVA completed the Best Value Analysis (“BVA”) process for the Organizational Improvement Services Price Agreements. Via email, on August 7, 2020, ODVA sent an Opportunity Notice to each of the Statewide Price Agreement Contractors approved to provide strategic planning services. The opportunity notice outlined the needs of ODVA as well as how each proposal would be evaluated. ODVA received five (5) proposals in response to the Opportunity Notice. As a result of the BVA process, it was determined that Olympic Performance was the best value to the State. On September 10, 2020, ODVA executed a SOC with Olympic Performance for Strategic

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Planning Services, with an NTE of $43,000. The SOC was issued against Statewide Price Agreement (“PA”) No. DASPS-3120-19.

On March 24, 2022, ODVA and Olympic executed Amendment No. 1 to the SOC to include a subcontractor, Buffalo Cloud Consulting, LLC (“Buffalo”) to assist with the Diversity, Equity and Inclusion plan, as well as adding a portion of DEI into the strategic plan. This amendment increased the NTE amount by $96,525, bringing the total NTE to $139,525.

On November 18, 2022, ODVA and Olympic executed Amendment No. 2 to the SOC, removing Buffalo Cloud Consulting, LLC and added TsaiComm, LLC as the subcontractor. Work continued resulting in the completion of the DEI plan and incorporating DEI into ODVA’s Strategic Plan.

On January 11, 2023, Governor Kotek delivered a set of expectations to the leaders of Oregon state agencies that are focused on public administration (“Oregon Agency Expectations”), attached hereto as ‘SP_Attachment-1”. Two of the 11 Agency expectations are the subject matter of this SP request.

1. Supporting Strategic Planning and Measuring Agency Performance: This expectation requires all agencies to develop and follow a strategic plan using goals outlined by the Governor’s office.

The agencies are encouraged to use the strategic planning process to satisfy the diversity, equity and inclusion requirement.

2. State Government Commitment to Diversity, Equity and Inclusion: This expectation requires all agencies to have a DEI plan and update it every two years and the Affirmation Action Plan annually.

This change in direction from where ODVA initially progressed requires the agency to reset and adjust as described in more detail below.

On January 30, 2023, TsaiComms provided ODVA with additional coaching to improve communication and cooperation among team members (PO #20230117). This need arose due to staff departing from ODVA, which resulted in increased workload for the remaining staff, the implementation of new processes and programs, along with new division leaders and team members. These combined factors impacted the division’s ability to successfully accomplish the day-to-day activities in an efficient and professional manner.

c. Current Need:

This SP will enable DAS PS, on behalf of ODVA, to extend the term of SOC No. 090520 until June 30, 2024, add revised DEI specific deliverables, increase the NTE and allow the Agency to be in compliance with both of the Oregon Agency Expectations mentioned above section 10.b. This SP will also allow for the continuation of work that has been completed to date, since Olympic has existing broad knowledge of ODVA’s culture, management, mission, and priorities.

Below is an estimated Cost Table reflecting the additional services needed:

Revised Deliverable # of Hours NTE Part 1 DEI Organizational Assessment

DEI Onboarding Meeting 10 $2,200.00 Assess & Review Past and Current DEI Documents

2 $440.00

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Interviews (30 minutes) 20 $4,400.00 Interviews (60 minutes) 7.7 $1,694.00 Focus Groups 17 $3,740.00 Question Design 3.4 $748.00 Online Survey 33.27 $7,319.40 Summary Report 30 $6,600.00 Presentation (up to two (2)90 minutes)

6.82 $1,500.40

Presentation (60 minutes) 4 $979.00 Part 2: Embedding DEI Into Strategic Plan

Onboard & Finalize Work Plan 2.5 $550.00 Review Current Planning Process 3 $660.00 Internal Stakeholder Input 8 $1,760.00 Organizational Culture Analysis 10 $2,200.00 Review Key DEI Trends 15.9 $3,498.00 Equity Lens Policy Review 44 $9,680.00 Develop Customized Agency Equity Lens

34.09 $7,500.00

Develop Draft DEI Actions 22.73 $5,001.00 Finalized Revised Strategic Plan 5.68 $1,250.00 DEI Action Plan 45.45 $9,999.00 Part 3: DEI Training, Coaching & Team Building

Cost for 3 training topics for management & staff

821.27 $141,075 ($8,415 per topic for management & $38,610 per topic for staff.)

Coaching per person (for 2 coachees)

34 $7,480.00

Team Building Session (price is per session)

40.91 $9,000.00

Part 4: Monthly Project Coordination, Management & Check-ins

Ongoing Monthly Project Coordination Check-ins

30 $6,600.00

TOTAL: $235,873.80

d. Proposed Contracting Procedure:

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

2. The notice will include provision that any affected party may protest the approval of the SP.

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

4. If no protests are received and sustained, DAS PS, will proceed with amending SOC No. 090520 with

Olympic Performance.

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5. Pursuant to Oregon Revised Statute (“ORS”) 291.047 and related administrative rules, DAS PS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to amending the SOC.

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

Pursuant to OAR 125-247-0270, if the cumulative value of the original Contract and all Amendments exceeds $150,000, or one hundred twenty-five percent (125%) of the original Contract Price, whichever is greater, then the Authorized Agency must request and obtain prior approval of a Special Procurement in accordance with OAR 125-247-0287.

The new NTE amount exceeds the $150,000 threshold, so a Special Procurement is needed to amend the SOC to allow Olympic Performance to complete the terms of the SOC.

ODVA has invested considerable time and money into the work that has been provided by Olympic Performance. Olympic has a deep understanding of the ODVA’s culture and temperament, the services provided to veterans, and what the needs are to complete the Services. Olympic Performance will be able to finish the Services to meet the deadline set out in the Governor’s Agency Expectations.

If required to engage a new vendor, ODVA is concerned there will be loss of valuable time and effort, while a new vendor navigates the work completed to date, learns the nuances of ODVA and begins the work. It is the goal of the agency to meet the deadline imposed by the Governor.

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 Agency used the BVA process for already established statewide price agreements.

• The NTE amount of the SOC exceeded the intermediate procurement threshold of $150,000 and pursuant to OAR 125-247-0270 a Special Procurement is needed to amend the SOC.

• Once the work is completed, as required by the Governor’s expectations, should new work be required, ODVA will conduct a new BVA process.

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:

Through the DEI plan, ODVA is creating a place where everyone can feel respected, valued, included, and welcomed. This includes staff working at the agency who can better work and collaborate, citizens who interact with the agency, as well as the important Veteran community that is served. This effort helps

SP No. REQ-DASOBO-00039455 Page 5 of 6 embrace different perspectives and experiences to cultivate a culture where new ideas and services can evolve to better serve all Oregonians. Olympic Performance can provide these important services, especially given the deadline set in the Governor’s Agency Expectations.

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) 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. 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:

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