REQ-DASOBO-00125311_Media_LTCO_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00125311

PART A. The requesting Agency must complete Items 1 through 13.

1. Requesting Agency Name: The Department of Administrative Services, State Procurement Services (DAS

SPS), on behalf of the Office of the Long-Term Care Ombudsman (LTCO)

2. Date of Request: April 17, 2025 3. Agency Number: 10700 for 114000

4. Agency Contact Name: Miranda Longs 5. Phone: 971-349-0200

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

7. Time Period Requested: From: May 15, 2025 To: December 31, 2025

8. Total Estimated Cost: $279,000 - $295,000

9. Title (Supplies and/or Services to be Acquired): Videos, comic books, and coloring books that explain technical federal rules for Home and Community Based Services (HCBS) settings for people with disabilities and their providers.

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

a. Request:

DAS SPS, on behalf of the LTCO requests approval of this Special Procurement (SP) #REQ-DASOBO- 00125311 to direct award a contract with Public Pixels Media, Inc., to edit and create derivative works of existing copyrighted and licensed videos, comic books and coloring books that are specifically designed to inform people with disabilities and their providers about technical federal Home and Community Based Services Settings rule.

b. Background:

The Office of the Long-Term Care Ombudsman’s mission is to protect individual rights, promote independence, and ensure quality of life through informed advocacy and education for Oregonians living in long-term care and residential facilities and Oregonians with decisional limitations. The Residential Facilities Ombudsman (RFO) is a program within the Office of the Long-Term Care Ombudsman. In 2014, state and federal governments adopted and implemented the Home and Community Based Services Settings rule (42 CFR Part 441, Subpart G). This rule was the most significant policy change for people with disabilities since the enactment of the Americans with Disabilities Act decades before. This rule was the first time that expectations were set out that when using long-term services and support, people with disabilities have a right to receive services in a setting that is part of their community and promotes full access to the greater community, is selected by the person, ensures the person has privacy, dignity, respect and freedom from restraint, optimizes autonomy and independence in making life choices, and facilities choice of services and provider.

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ORS 443.382(3)(b) says RFO must “Provide residents, families of residents, guardians, community members and administrators and staff of residential facilities with information regarding the rights of residents as set forth in ORS 427.107 (Rights of persons receiving developmental disability services) and 430.210 (Rights of persons receiving mental health services) and any other applicable rights of residents.” HCBS rights violations represent four of the top five complaint issues that come to RFO. Through the years, RFO staff have educated providers, people using services and their families about HCBS. These rules are nuanced and require a deep understanding from both the provider and the resident to truly implement them for each person receiving services. RFO has not seen effective materials to do this education from any state – until California put together a series of 20 videos (10 for residents and 10 for providers) giving real examples of how to implement each part of the rule in the daily lives of people using services. California used people with disabilities to voice the animated characters and provide input in the storyline of each video. California then created comic books and an adult coloring book that explain each of the HCBS rule components and rights.

The videos are specific to California, because they describe the case management system structure of California, which is different from Oregon. So, these videos would not make sense for Oregonians to use without edits.

RFO reached out to California’s Tri-County Regional Center (TCRC) who spearheaded the project.

TCRC used Public Pixels Media and Split Animation Studio to create the videos and materials and handle the printing of the comic and coloring books. The videos and materials are copyrighted, but TCRC will grant a free license to edit and create new derivative works of the videos and materials specific to Oregon.

c. Current Need:

The estimated total cost is listed in the table below:

Public Pixels Media Cost:

PRODUCING

Producer $ 15,000 Writer $ 5,000 Studio $ 10,000 Total Producing Fee $ 30,000

Split Animation Studio

ANIMATION

Art and Graphics $ 35,000 Animation $ 45,000 Revisions $ 25,000 Total Animation $ 105,000

Audio/POST Voice Acting/Studio Cost $ 10,000 Recording Engineer $ 5,000 https://oregon.public.law/statutes/ors_427.107 https://oregon.public.law/statutes/ors_427.107 https://oregon.public.law/statutes/ors_430.210

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Dialogue Editor $ 10,000 Audio Mix $ 15,000 Total Audio/POST $ 40,000

Comic and Coloring Books Master artwork changes $ 25,000

Total Above the Line Costs $ 30,000 Total Below the Line Costs $ 170,000

TOTAL COST $ 200,000

TOTAL PRODUCTION BUDGET $ 200,000

Translations: $52,000 Specialized printing: $27,000 Total expended: $279,000

d. Proposed Contracting Procedure:

1. DAS SPS will publicly post a notice of the SP on the Oregon Buys e-Procurement system, as required by Oregon Revised Statutes (ORS) 279B.085(5) and Oregon Administrative Rule (OAR) 125-247-0287, for seven (7) calendar days.

2. This public posting of the notice will include provisions describing how an Affected Person may protest the approval of the SP request.

3. DAS SPS will respond to and resolve any protests.

4. If no protests to this SP are received or sustained, DAS SPS, on behalf of LTCO, will proceed to direct award and contract negotiations with Public Pixels Media as noted in Section 10.a.

5. Pursuant to ORS 291.047 and related administrative rules, DAS SPS will work with Oregon

Department of Justice (DOJ) and obtain legal sufficiency approval prior to executing the Contract.

11. Justification for use of Special Procurement:

A customized procurement method, such as that outlined in section 10.d above, that is different than any procurement method already established in statute can only be requested and approved through a Special Procurement under ORS 279B.085 and OAR 125-247-0287. The findings required by this statute and rule are documented in Section 12 below.

RFO has a statutory obligation to inform people with disabilities, their families, providers and communities about the rights of people with disabilities. Federal HCBS rules grant people using disability services rights to access community, live free from seclusion and restraint and choice of providers and services. For residents of provider owned settings like residential or foster homes, the rules grant them rights to have privacy, control of their schedule, visitors and food. Four out of five of the top complaints that RFO addresses are related to violations or concerns about how these rights are implemented in

SP #REQ-DASOBO-00125311_Media_LTCO Page 4 of 6 resident lives. Technical materials outlining these civil rights are not available in Oregon. The State of California has already created 10 videos for residents about HCBS rights and 10 videos for providers about HCBS rights. California has also created associated comic books and adult coloring books to help people understand the rules. These videos are materials are about HCBS rules, but specific to California’s disability service system. The owner of the copyrighted material, TCRC, is willing to grant a free license that would allow RFO to work with Public Pixels Media to edit and create derivative works that fit Oregon’s disability support system structure and terminology. Public Pixels Media is the only company that TCRC has granted the rights to edit their copyrighted material. The cost to create the videos was $1.85 million, however, LTCO would be able to edit the videos to be Oregon specific, plus have American Sign Language (ASL), four language translations and printing of the written material for an estimated $279,000.

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:

These are copyrighted videos, comic books, and coloring books that relate to technical, disability specific federal law. These materials already exist and are only available through Public Pixels Media with licensing permission to create derivative works for use in Oregon from the TCRC of California. TCRC will only give permission to Public Pixel Media, because Public Pixels Media is the only entity with access to the original material. Public Pixels Media created the videos using their internal staff talent and professional relationships, technical expertise and animation specialization.

and

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

Creating these 20 videos and associated comic and coloring books cost the State of California $1.5 million, with an added $350,000 for translating the videos and written materials into 18 different language and ASL. California was able to procure the materials and services at a discounted rate, so the State of Oregon will not have to pay for these upfront costs. The fair market rate to create these videos and materials are estimated to be closer to $3.5 million. The videos and materials currently are California specific. However, Public Pixels Media would edit the videos and materials to create derivative works that reflect specific language for Oregon, thus making the videos and materials accessible to thousands of Oregonians with disabilities for a fraction of the cost. Essentially, Oregonians would be able to access these disability specific materials that have been adapted for use and applicability in Oregon, for around $279,000, rather than the $1.85 million it took to originally create and translate them.

The videos and materials are copyrighted. The copyright holder (or its assignee) has the exclusive rights to replicate, alter, distribute and present the copyrighted material, unless they expressly permit their use by another. This effectively means that there is only one known supplier available for these materials.

or

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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:

Approval of this SP Request will significantly promote public interest by achieving cost savings and streamlining the development of Oregon-specific videos, comic books, and coloring books that explain technical federal rules for HCBS settings, which will benefit the LTCO, people with disabilities, and their providers.

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 via OregonBuys Date:

Type Name:

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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.

APPROVED

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, State Procurement Services

05/09/2025