REQ-DASOBO-00131027_SolinstDataLoggers_OWRD_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00131027

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

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

2. Date of Request: May 7, 2025 3. Agency Number: 69000

4. Agency Contact Name: Robin Ramsey 5. Phone: (971) 375-8850

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

7. Time Period Requested: From: June 30, 2025 To: June 30, 2027

8. Total Estimated Cost: $100,000

Note: With approval of this Special Procurement, the cumulative Total Estimated Cost will be $249,999.

9. Title: Supplies and/or Services to be Acquired: Solinst Data Loggers, water level meters, and related ancillary equipment

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

a. Request:

OWRD requests approval of this Special Procurement (SP) No. REQ-DASOBO-00131027 to amend Contract No. WRD-21-025 (Contract) with Pine Environmental Services, LLC. (Pine), to extend for two years and increase the not-to-exceed (NTE) amount from $149,999 to $249,999. The extension and NTE increase will allow for the development of a formal solicitation to be completed by the Department of Administrative Services, State Procurement Services (DAS SPS) at a future date.

b. Background:

OWRD’s mission is to serve the public by practicing and promoting responsible water management through two key goals: 1) directly addressing Oregon's water supply needs, and 2) restoring and protecting streamflows and watersheds in order to ensure the long-term sustainability of Oregon's ecosystems, economy, and quality of life.

OWRD maintains a statewide network of observation wells that are manually measured using water level meters or are instrumented with data loggers of capturing time series groundwater level data. This network of wells is critical for tracking groundwater conditions, issuing permits, and sustainably managing the groundwater resource for the benefit of all Oregonians. The current observation well network consists of approximately 250 deployed data loggers and the ancillary equipment needed to deploy, maintain, and download data from them. The current deployed equipment is manufactured by Solinst, an industry-leader of this equipment type. OWRD’s well network is maintained by a staff of 20

SP_REQ-DASOBO-00131027_DataLoggers_OWRD Page 2 of 4 people, all of which have existing Solinst equipment that operates with the deployed data loggers.

Manual water level meters produced by Solinst have also proven to be the most functional meters in the range of environments that OWRD has tested them in.

A Request for Quote (RFQ) was performed in 2017, which resulted in the award of a Contract to Pine for the purchase of Solinst Brand data loggers and ancillary equipment. The Solinst equipment allows OWRD hydrogeologists to record and report water usage as required by Oregon Revised Statutes (ORS) Chapter 537 and Oregon Administrative Rule (OAR) 690-085.

The current Contract will expire June 30, 2025 and cannot be extended without a new procurement completed.

c. Current Need:

All of OWRD hydrogeologists reference the data collected from the dataloggers. The current Contract has used all of the funds allowable. OWRD needs to order approximately an additional $50,000 of the data loggers to replace non-functional loggers and install loggers in new locations. The current Contract requires an extension and increase to prevent a lapse in the acquisition of the needed data loggers and all related ancillary equipment.

d. Proposed Contracting Procedure:

1. OWRD will publicly post a notice of the SP on the OregonBuys 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, along with OWRD, will respond to and resolve any protests.

4. If no protests to this SP are received or sustained, OWRD will proceed with a contract amendment as noted in Section 10.a above.

5. Pursuant to ORS 291.047 and related administrative rules, OWRD will work with the Oregon

Department of Justice (DOJ) and obtain legal sufficiency approval prior to executing the contract amendment, if required.

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

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.

• The Contract was established through an open and competitive procurement process.

• The current Contract with Pine is set to expire June 30, 2025 and the NTE of $149,999 has been expended.

• OWRD has a continued need to maintain the ability to purchase new data loggers for new locations and replace all non-functioning data loggers.

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• OWRD will realize significant savings (see Section 12.b below) by remaining with the current brand of Solinst data loggers and related 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:

On April 7, 2025, a Request for Quote (RFQ) No. S-69000-00013435 was posted publicly to OregonBuys, seeking quotes to replace the Contract, using an intermediate procurement process. The RFQ closed on April 21, 2025 with one quote submitted. OWRD determined that the data loggers listed in the quote are not interoperable with the Solinst brand currently in use.

With approval of the SP, the Contract will be amended to meet the immediate needs of OWRD and will allow time for a formal solicitation to be completed at a future date.

and

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

Based on the quote submission on the RFQ that was performed, the cost of replacing all the loggers currently in use with another brand would be approximately $600,000. The equipment currently needed and in use is estimated at $50,000, with the option of purchasing an additional $49,999 of equipment over the course of the two-year extension.

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: 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.

APPROVED

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, State Procurement Services

05/14/2025