REQ-DASOBO-00132562_TDAP_PUC_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00132562

PART A. 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 Oregon Public Utility Commission (PUC) (Agency)

2. Date of Request: June 2, 2025 3. Agency Number: 10700 OBO 86000

4. Agency Contact Name: Vickie Tipton 5. Phone: (971) 349-2399

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

7. Time Period Requested: From: July 25, 2025 To: October 31, 2027

8. Total Estimated Cost: $2,135,444

9. Title: Supplies and/or Services to be acquired: Telecommunication Device Access Program (TDAP) for eligible Oregon residents who have a disability in Hearing, Vision, Speech, Mobility or Cognition

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

a. Request:

DAS SPS, on behalf of the PUC, requests approval of this Special Procurement (SP) No. REQ-DASOBO- 00132562 to extend the Term of the following TDAP Contracts (the “Contracts”) listed below through October 31, 2027. This request includes potential reinstatement for any Contract that may expire prior DAS SPS executing the amendment(s).

Table 10.a.1

Contract Number Contract Holder Expiration Date

7650 Teltex July 24, 2025

7651 Tobii Dynavox August 1, 2025

7652 Weibrecht Communications Inc. August 14, 2025

7653 RAZ Mobility October 11, 2025

7654 Prentke Romich October 11, 2025

7656 Smartbox August 14, 2025

b. Background:

In 1987, the Oregon Legislature passed a law that supports the state’s public policy that adequate and affordable residential telephone service be available to all Oregonians. (See ORS chapter 290, Oregon Laws 1987).

Based on that legislation, the Agency implemented and manages three Residential Service Protection Fund (RSPF) programs, including the TDAP, which loans specialized telecommunications equipment and

SP_REQ-DASOBO-00132562_TDAP_PUC Page 2 of 5 accessories, including SGDs, and Apple iPads at no cost and with no income restrictions to qualifying Oregonians who have a loss in hearing, vision, speech, mobility, or cognition.

The RSPF programs, including TDAP, are funded by a surcharge applied to the monthly bill of each retail subscriber who has telephone or cellular service with access to the Oregon Telecommunications Relay Service.

The goal of TDAP is to continue providing specialized telecommunications equipment and accessories, including, but not limited to Speech Generating Devices (SGDs), and Apple iPads to qualifying Oregonians.

Therefore, developing comprehensive contracts with a multi-vendor/distribution center approach will ensure that the PUC fulfils the objectives set forth in chapter 290, Oregon Laws 1987.

In March 2017, DAS conducted a RFP No. DASPS-2127-16R1. The original Term was four (4) years with the option to extend for additional two (2) year terms, not to exceed eight (8) years. Each contract has reached its maximum Term for the 8 years at with their current expiration dates; extending again will make each for a period of ten (10) years.

c. Current Need:

PUC requires the 24-month extension for all 6 contracts to allow sufficient time for drafting a new Request for Proposals (RFP) solicitation, evaluations of proposals and contract awards. Utilizing the SP method:

1. provides the necessary time to conduct the new solicitation as requested by PUC; and

2. allows the opportunity to align the expiration dates of the current Contracts, making them coterminous for easier management.

The Cost Table below reflects the previous two years and the future two years’ estimated spend for all six (6) Contracts:

Table 10.c.1

TDAP Program Year Estimated Spend 2023-2024 $1,252,205 2024-2025 $1,045,139 2025-2026 $1,067,722 2026-2027 $1,067,722

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rules (OAR) 125-247-0287, DAS SPS will issue a public notice (the “Notice”) on OregonBuys regarding approval of this SP for a period of seven (7) calendar days.

2. The Notice will include provisions that any Affected Person(s) may protest the approval of this

SP.

3. DAS SPS will respond to and resolve all protests, if any.

4. If no protests to this approved SP are received and sustained, DAS SPS, on behalf of PUC, will proceed with reinstating (if necessary) and amending the Contracts as set out in Section 10.a

SP_REQ-DASOBO-00132562_TDAP_PUC Page 3 of 5 above.

5. DAS SPS and PUC will work with DAS Enterprise Information Services (EIS) and obtain its endorsement prior to executing the Contract amendments, if required.

6. Pursuant to OAR 137-045-0015, DAS SPS will work with Oregon Department of Justice (DOJ) and obtain its legal sufficiency approval prior to executing the Contract amendments, if required.

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

The ability to amend and extend the Contracts for the DTAP Program can only be solicited and approved through a Special Procurement request under Oregon’s Public Contracting Code (“the Code”), found in ORS 279A, 279B, and 279C, and OAR Chapter 125, Divisions 246, 247, and 248.

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:

RFP No. DAS PS-2127-16R1 was conducted as a Competitive Sealed Proposals opportunity in accordance with ORS 279B.060 and OAR 125-247-0260. The RFP was drafted to encourage maximum competition and was advertised publicly on the Oregon Procurement Information Network (ORPIN).

A new competitive, open-market RFP will be developed and solicited during this extended timeframe, providing opportunity for the incumbent and new companies to submit proposals for evaluation and award to support the TDAP program.

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:

The Oregon TDAP program provides an essential service by loaning specialized communications equipment at no cost and with no income guidelines to eligible Oregon residents who have a disability in Hearing, Vision, Speech, Mobility or Cognition. Maintaining access to this mission critical equipment is crucial. Approval of this SP will significantly support the interests of the State and Oregonians with disabilities as described above.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request submitted through OregonBuys. Agency may elect to attach a signed Request as a pdf file through OregonBuys or submit a signed hard copy Request.

Signature: e.g. Electronically in OregonBuys _________________ Name/Title: 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. Reporting Requirements. During the Term of this Special Procurement, PUC will track the spend for each of the Contracts to ensure that the Total Estimated Cost does not exceed $2,135,444.

PUC will submit a report (e.g., Excel report) to DAS SPS Policy detailing the spend information 1) before pursuing an amendment to this SP and 2) upon request of the State Chief Procurement Officer (State CPO), or delegate(s).

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4. Compliance with EIS Policies & Standards. Authorized Agency shall comply with all Enterprise Information Services (EIS) conditions and requirements prior to contract amendment(s) execution, if any.

APPROVED:

Jay Jackson, Procurement Policy Officer Date:

Department of Administrative Services, State Procurement Services

6/30/2025