REQ-DASOBO-00071862_Approved Ex.pdf

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REQUEST FOR SPECIAL PROCUREMENT (“SP”) No. REQ-DASOBO-00071862

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

1. Requesting Agency Name: Oregon Department of Veterans’ Affairs (“ODVA”)

2. Date of Request: April 16, 2024 3. Agency Number: 27400

4. Agency Contact Name: Toni Payseno 5. Phone: (971) 388-8218

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

7. Time Period Requested: From: October 1, 2024 To: September 30, 2026

8. Total Estimated Cost: $80,212

Note: With approval of this SP Request, the not-to-exceed (“NTE”) amount will be $475,690.

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

File360 Electronic Records Management System Software Licensing, Maintenance, and Support Services (collectively "Software and Services”) including:

Software and Services:

• KOFILE Color Indexing PAK-MVCS

• File360 Basic Data Entry Module

• File360 Micrographics Module

• File360 Computer Output Module

• File360 EXT Database Interface

• File360 Request Processing

• File360 Automated Data Entry Module

• File360 Kodak IMS Workstation Module (2)

• Enhanced Server Module

• File360 Base Server Module

• File360 User Licenses (15)

• Global360 Extended Support

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

a. Request:

The Oregon Department of Veterans’ Affairs (“ODVA” or “Agency”) requests approval of this Special Procurement Request No. REQ-DASOBO-00071862 to amend the Service Order Contract (“Contract”) with Image Access Corp. for continued Software Licensing, Software Maintenance, and related Software Support services for the OpenText, Inc., File360 Electronic Records Management System (“File360 ERMS” of “File360 system”).

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The Contract will be extended through September 30, 2026, for up to two (2) years, with Software Licensing and Services being renewed further only if ODVA is unable to initiate a formal project to transition to a State-approved records management platform or conduct a formal competitive solicitation for an entirely new solution. A formal project must be initiated that determines the scope and complexity of the transition to ensure continuity of operations and the security of records vital to ODVA and its customers. The NTE will be increased by $80,212 for a new NTE of $475,690.

b. Background:

The Oregon Department of Veterans’ Affairs (“ODVA”) 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 has utilized Image Access Corp. for document imaging support and service since 1999 and the File360 ERMS has been used as the system of record for all digital agency records since 2016. The File360 system contains numerous records relevant to the daily operation of ODVA’s Loans program, Conservatorship program, Veteran Outreach Services, and directly impacts ODVA’s public record request fulfillment capabilities. It is currently the only system certified as DoD 5015.2-STD compliant, as required by Oregon Administrative Rule (“OAR”) 166-017-0025, and in use by ODVA.

2015: KoVIS and Kofile document management systems are announced as end-of-life. Consequently, ODVA contracts with Image Access Corp., to modernize existing records management systems, transition existing records to the new File360 ERMS, and provide licensing and support for the new ERMS as well as associated hardware consisting of scanners, indexers, and other necessary modules.

2016: Image Access Corp. issues a Statement of Work to ODVA for the installation of File360 ERMS, Kodak scanners, Kodak Capture Pro software, and the installation of Eastman Park Micrographics Digital Scanners. Work is commenced and ODVA officially transitions to the File360 ERMS.

ODVA subsequently contracted with Image Access Corp., pursuant to its procurement authority, for ongoing Software maintenance and technical support (“Services”). The current Software and Services term will expire September 30, 2024; however, ODVA will need to maintain both the Software and Services up to an additional two (2) years while cataloging takes place.

c. Current Need:

For the last eight (8) years, ODVA has used the File360 ERMS to process records, maintain documents, and assist with the fulfillment of public records requests. The system and the database it hosts are vital to ODVA meeting its state and federal requirements.

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File360 was implemented as a modern successor to the KoVIS and Kofile document management systems that were utilized for the scanning and indexing of microfilm and microfiche in addition to other documents. It is currently the only system within ODVA certified as DoD 5015.2-STD compliant and therefore the only system of record authorized to house electronic records per the Secretary of State Archives Division 166-017-0025. The current Software and Services support term will expire on September 30, 2024.

ODVA intends to transition away from the File360 Records Management System to a State-approved electronic records management solution, but until a formal project can be initiated to determine the scope and complexity of the transition, a renewal of Software and Services is necessary to ensure continuity of operations and the security of records vital to ODVA and its customers.

Over the course of the 2-year term requested in this SP Request, ODVA intends to:

• continue File360 ERMS Software and Services for up to two (2) additional years;

• initiate the approval process for its ERMS replacement project;

• research State-approved records management platform; and

• if the State-approved ERMS is not viable, coordinate with the Department of Administrative

Services, Procurement Services (“DAS PS”) to conduct a formal, competitive procurement process and fully implement, to the benefit of ODVA and served veterans, a new ERMS.

The following table provides a breakdown of the estimated costs through September 30, 2026.

Description Estimated

Annual Cost Estimated

One Time Cost

Estimated Cumulative Total Cost

Year 1 Software and Services Term: October 1, 2024 – September 30, 2025 $39,127.79

Year 2 Software and Services Term: October 1, 2025 – September 30, 2026 $41,084.18

$80,211.97

Total: $80,211.97

Note: Estimated costs for Year 2 Annual Software and Services reflects an additional 5% for anticipated annual cost increases.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, ODVA will issue a public notice (“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.

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4. If no protests are received and sustained, ODVA will proceed with amending, extending and increasing the Contract to Image Access Corp. as set out in Section 10.a above.

5. ODVA will work with Enterprise Information Services (“EIS”) and obtain its endorsement prior to executing the Contract, if required.

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

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

ODVA must have a compliant system to house digital records to ensure continuity of operations and the ability to fulfill public records requests in a timely manner. The File360 ERMS has been in place since 2016 and houses data and files that date back several decades and which are vital to the daily operations of numerous divisions within the Agency.

The File360 system contains numerous records relevant to the daily operation of ODVA’s Loans program, Conservatorship program, Veteran Outreach Services, and directly impacts ODVA’s public record request fulfillment capabilities. It is currently the only system certified as DoD 5015.2-STD compliant in use by ODVA and a formal project must be initiated to catalogue and organize the largely unstructured data that has accumulated within the system.

Until a formal project can be initiated to determine the scope and complexity of transitioning to another system, a renewal is necessary to ensure continuity of operations and the security of records vital to ODVA and its customers. When considering replacement systems, if the State-approved ERMS platform is not a viable solution, ODVA will strongly encourage competition for replacement platforms and/or software for consideration.

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:

• Expertise: Image Access Corp is a technology consulting firm specializing in digital transformation and intelligent automation and has provided unerring support and expertise for ODVA’s various document management systems and related hardware for nearly 25 years. They were directly involved with ODVA’s transition to the File360 ERMS and provided system design and user training, gaining in-depth knowledge of ODVA’s needs and current situation. They are also a Certified Reseller, Support and Solution Exchange Partner of OpenText, the creators and owners of File360.

• Formal Procurement Process: With approval of ODVA’s budget requests, and within the next two (2) years, ODVA will partner with DAS PS to conduct a formal procurement for a new electronic records management system, including software and maintenance and support services, or consider a statewide price agreement that is available and meets the agency’s needs.

o The solicitation will be structured to encourage competition to the extent possible.

SP No. REQ-DASOBO-00071862_File360 Page 5 of 6 o The solicitation will be advertised on OregonBuys, which currently holds a roster of 24,352 Suppliers (“vendors”).

o All providers of the requisite software and services will be able to compete for an award.

o The resulting contract will be issued for a multi-year term.

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:

If the Agency were to discontinue its use of the File360 ERMS it would need to dedicate significant additional resources and training to correctly collect, label, store, and retrieve business-essential documents and files.

Significant revisal of records-related processes and timelines would also become necessary as many electronic and automated processes would become manual and necessitate physical copies of each record.

This would exponentially increase the time and materials necessary for ODVA to fulfill its State and Federal commitments.

If the File360 ERMS is not adequately supported and licensing attained, platform and Software failures could occur, which may result in:

• ODVA’s non-compliance with state and federal requirements.

• Loss of federal funding.

• Interrupted (delayed) services to Oregon veterans served under the Home Loans Program and

Veteran Outreach Programs including eligibility determinations for housing, education, and health care.

• ODVA will not succeed in fulfilling Governor Kotek’s vision statement to improve customer service for Oregonians.

• ODVA and the State exposure to litigation.

Approval of this Special Procurement Request substantially promotes the public's best interest.

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. 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, if any.

APPROVED:

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, Procurement Services

05/11/2024

REQUEST FOR SPECIAL PROCUREMENT (“SP”) No. REQ-DASOBO-00071862