REQ-DASOBO-00050113_PowerClerk_ODOE_Approved.pdf

SP No. REQ-DASOBO-00050113_PowerClerk_ODOE_Final Page 1 of 6

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00050113

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

1. Requesting Agency Name: The Department of Administrative Services, Procurement Services (DAS PS), on behalf of the Oregon Department of Energy (ODOE)

2. Date of Request: October 23, 2023 3. Agency Number: 10700

4. Agency Contact Name: Rachael Rosendahl 5. Phone: (971) 707-0137

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

7. Time Period Requested: From: December 31, 2023 To: December 31, 2029

8. Total Estimated Cost: Estimated $650,000

Note: The Contract Maximum not-to-exceed (NTE) Compensation is currently $292,897.50 (through Contract Amendment No. 2). With approval of this Special Procurement No. REQ-DASOBO-00050113, the cumulative Maximum NTE Compensation will be $942,897.50.

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

PowerClerk Application Processing Software, Enhancement, Maintenance and Support Services

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

a. Request:

DAS PS, on behalf of ODOE, requests approval of this Special Procurement (SP) No. REQ-DASOBO- 00050113 to reinstate, amend and extend the term for Contract No. PO-DASOBO-00027848 (formerly, ODOE #19-065) (Contract) with Clean Power Research, LLC., for an additional six (6) years and increase Contract maximum NTE an estimated $650,000, to maintain legislatively mandated programs.

b. Background:

The Oregon Department of Energy helps Oregonians make informed decisions and maintain a resilient and affordable energy system. ODOE advances solutions to shape an equitable clean energy transition, protect the environment and public health, and responsibly balance energy needs and impacts for current and future generations. ODOE manages and administers statutorily authorized energy programs to save energy, support the state’s decarbonization efforts, make communities more resilient, and position Oregon to lead by example. The Oregon Solar + Storage Rebate Program (OSSRP) was established by the Oregon Department of Energy at the direction of House Bill (HB) 2618, passed by the Oregon State Legislature in 2019. The legislation directed ODOE to develop a program to provide rebates for the purchase, construction, or installation of solar electric systems and paired solar and storage systems.

The OSSRP program first launched in January 2020 with $2 million for rebates and program administration. The program proved to be very popular, and all available funding was reserved by the end

SP No. REQ-DASOBO-00050113_PowerClerk_ODOE_Final Page 2 of 6 of September 2020. HB 5606 (2021) provided an additional $10 million and extended the program to January 2024. ODOE began accepting new reservation requests in September 2021.

On September 27, 2019, ODOE determined that Clean Power Research, LLC., was the only provider who could meet the program requirements with their software platform, PowerClerk. ODOE issued Sole Source Determination No. 330-1012-19. The determination was publicly noticed on the State of Oregon’s eProcurement system at the time, the Oregon Procurement Information Network (ORPIN). There were no protests received. Resulting from the Sole Source was ODOE Contract #19-065, executed on February 18, 2020. The initial contract term was almost two (2) years, ending on December 31, 2021, with a NTE value of $81,000.

PowerClerk is a subscription and cloud-based Software-as-a-Service (SaaS) system for utility program automation, with an emphasis on Distributed Energy Resource (DER) program management and operations. PowerClerk is uniquely a "no-code" solution, meaning that it may be configured and operated by an agency or utility with no coding necessary by Clean Power Research, the program staff or the utility/agency IT department. Program rebates are issued to participating contractors, who pass the savings on to eligible customers as a reduction in the price of the installed system (ODOE’s program staff do not work directly with the customers). To claim a rebate, a contractor must first make a reservation for a rebate in PowerClerk prior to the start of project installation. Once a project has been completed, a contractor certifies the project has been completed in PowerClerk to convert the reservations into a cash rebate. The legislature directed ODOE to make at least 25 percent of the rebate budget available for projects installed for residential customers with low or moderate incomes and for organizations that provide services to Oregonians with lower incomes (called “low-income service providers” in the program).

The legislature allocated an additional $5 million towards the program in 2022 through Senate Bill (SB) 5202. ODOE worked with DAS PS to extend the PowerClerk Contract through, what was at the time 2024, legislative sunset of the program. There are currently 70 contractors participating in the program. In calendar year 2022, the program reserved or rebated 2,868 projects.

In March of 2022, it was discovered that the Contract had expired on December 31, 2021. An administrative reinstatement transaction step was missed, and DAS PS executed Amendment No. 1 to ODOE Contract #19-065 on April 19, 2022, extending the expiration date to December 31, 2023, and increased the NTE to $182,897.50. DAS PS then executed Amendment No. 2 to ODOE Contract #19-065 on June 30, 2023, adding new security provisions and increased the NTE to $292,897.50.

c. Current Need:

In the 2023 legislative session, the Oregon State Legislature allocated another $10 million into the program through SB 5506, which details the Agency’s overall budget. HB 3409 extended the actual program until January 2, 2029. ODOE has continued accepting reservation requests and is in the process of updating the program’s Oregon Administrative Rules (OAR) to reflect the legislative changes. ODOE requires an extension of the PowerClerk Contract for administration and continuity of the program.

Additionally, in October 2023, ODOE submitted a federal grant application for the Solar For All, a request totaling $138M. Of the $138M requested, $47M would provide incentives for residential solar to Oregonians. ODOE believes part of what makes its application competitive is its ability to leverage the OSSRP program and by extension, the PowerClerk platform.

javascript:openWindow('showDocCommentsList%5C?sessionID=621889100%5C&disId=2083366%5C&menuName=DocComments%5C&menuTable=DocMaintain%5C&doc_search_by=%5C&commentType=Header%27,%20%27900%27,%20%27850%27,%20%27_docTenderDocMaintain%27,%20%27Maint%27);

javascript:openWindow('showDocCommentsList%5C?sessionID=621889100%5C&disId=2083366%5C&menuName=DocComments%5C&menuTable=DocMaintain%5C&doc_search_by=%5C&commentType=Header%27,%20%27900%27,%20%27850%27,%20%27_docTenderDocMaintain%27,%20%27Maint%27);

javascript:openWindow('showDocCommentsList%5C?sessionID=621889100%5C&disId=2083366%5C&menuName=DocComments%5C&menuTable=DocMaintain%5C&doc_search_by=%5C&commentType=Header%27,%20%27900%27,%20%27850%27,%20%27_docTenderDocMaintain%27,%20%27Maint%27);

javascript:openWindow('showDocCommentsList%5C?sessionID=621889100%5C&disId=2083366%5C&menuName=DocComments%5C&menuTable=DocMaintain%5C&doc_search_by=%5C&commentType=Header%27,%20%27900%27,%20%27850%27,%20%27_docTenderDocMaintain%27,%20%27Maint%27);

javascript:openWindow('showDocCommentsList%5C?sessionID=621889100%5C&disId=2083366%5C&menuName=DocComments%5C&menuTable=DocMaintain%5C&doc_search_by=%5C&commentType=Header%27,%20%27900%27,%20%27850%27,%20%27_docTenderDocMaintain%27,%20%27Maint%27);

SP No. REQ-DASOBO-00050113_PowerClerk_ODOE_Final Page 3 of 6

For the reasons set forth in Sections 10.a. and 10.b., ODOE needs an extension of the Contract to ensure the software platform and services do not expire in January 2024. Losing access to the PowerClerk Software Platform would have a devastating impact on the Oregon Solar + Storage Rebate Program and would effectively result in the shutdown of the program. Without PowerClerk access and an operational application, some Oregonians who are counting on receiving a solar rebate would not receive one as expected. A contract extension in alignment with the legislatively approved program extension date, will provide stability in program operations for ODOE staff, contractors, and other invested parties, as well as provide ongoing support and maintenance. Any change to the current program would cause confusion and would require extensive communication with enough time to minimize impact to contractors and the public.

The total estimated cost for the Contract extension for an additional six (6) years is an estimated $650,000.

The cost breakdown is set out in Table 1 below:

Table 1.

Subscription Items Quantity Unit Price Total PowerClerk Annual Subscription- Standard Tier Pricing Package

• Base Subscription- Starter Tier 1 $20,000 $20,000

• Application Point Pack- Standard Tier 12,000 $4.94 $59,280

• eSignature Envelopes 0 - -

• ePayment Transactions- Stripe 0 - -

• Basic Support* 1 included -

Total PowerClerk Annual Subscription Fee Year 1 (1/1/2024-12/31/2024) $79,280 Year 2 (1/1/2025-12/31/2025) $83,244 Year 3 (1/1/2026-12/31/2026) $87,406 Year 4 (1/1/2027-12/31/2027) $91,776 Year 5 (1/1/2028-12/31/2028) $96,365 Total PowerClerk Annual Subscription Fee for 5 years

$438,071

Other Contingency Fund (Optional Enhancements) $211,929

TOTAL AMOUNT REQUESTED $650,000

*Basic Support- Designated as Tier 0, includes access to online support documentation and online ticket-based submission process.

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 OregonBuys for a period of seven (7) Calendar Days.

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

3. DAS PS, working with ODOE, will respond to and resolve all protests, if any.

4. If no protests to this approved SP are received and sustained, DAS PS, on behalf of ODOE, will reinstate, amend and extend the Contract as set out in Section 10.a above.

SP No. REQ-DASOBO-00050113_PowerClerk_ODOE_Final Page 4 of 6

5. DAS PS will work with DAS Enterprise Information Services (EIS) and obtain its endorsement prior to amending the Contract, as applicable.

6. Pursuant to OAR 137-045-0015, DAS PS, on behalf of ODOE, will work with Oregon Department of Justice (DOJ) and obtain legal sufficiency approval prior to amending the Contract, as required.

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

1. Legislative mandate to extend the OSSRP program necessitates extending the Contract for the PowerClerk platform. To meet legislative intent, continuity of program must remain ongoing without interruption.

2. In addition to supporting the Oregon Solar + Storage program, the PowerClerk platform is also utilized by other entities in the state, such as Energy Trust of Oregon, for their incentive programs.

3. ODOE staff and contractors are trained and familiar with the PowerClerk platform. Learning a new program would be disruptive for contractors and would potentially impact equitable access to the program.

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:

As stated above, the OSSRP program is built on the PowerClerk platform. In addition to supporting the Oregon Solar + Storage program, PowerClerk is also used for incentive programs offered by other entities in the state such as the Energy Trust of Oregon.

Clean Power Research asserts that PowerClerk, to the best of the vendor’s knowledge, is the only online DER program management solution of its kind. Clean Power Research maintains copyrights on the source code of PowerClerk and the software modules and components used therein. Clean Power Research has a patent on PowerClerk, No. 10,699,231 - “Computer-Implemented System and Method For Providing A User Interface For Defining A Workflow For Power Interconnection”. PowerClerk is available only direct from Clean Power Research; the company maintains no resellers or distributors for the product. As this is the product that has been used previously, it can be configured and operated by ODOE without coding.

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:

1. Funds are not currently appropriated for the 2023-25 biennium for a total platform replacement of ODOE’s OSSRP. The Agency would have to wait until a new contract was awarded before then implementing and training staff on a new system.

SP No. REQ-DASOBO-00050113_PowerClerk_ODOE_Final Page 5 of 6

2. In addition to the significant costs of developing and/or implementing a different software solution, losing the use of the PowerClerk software platform would have negative impacts on customer service and program outcomes. Oregonians who would potentially benefit from the program may not have access to rebates during the down time and service interruption.

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:

SP No. REQ-DASOBO-00050113_PowerClerk_ODOE_Final 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 Amendment execution (as required).

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date:

Department of Administrative Services