REQ_DASOBO-00195821_AMD-5_SpeakWrite_ODHS_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT

No. REQ-DASOBO-00195821, Amendment No. 5

(Original SP-1036-18; Amd-1 SP-1036-18; Amd-2 DASOBO-00023665;

Amd-3 DASOBO-00080958; Amd-4 DASOBO-00128317)

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

1. Requesting Agency Name: Oregon Department of Human Services (“ODHS”) (“Agency”)

2. Date of Request: April 7, 2026 3. Agency Number: 10000

4. Agency Contact Name: Katrina Augustus; Office of Contracts & Procurement

5. Phone: 971-719-1054

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

Procurement

7. Amendment Time Period Requested: From: May 1, 2026 To: August 31, 2026

8. Total Estimated Cost for Amendment Time Period: $250,000

9. Title: Supplies and/or Services to be acquired: Electronic Voice Dictation and Transcription

Services (“Services”)

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

a. Amendment Request:

Through this Request for Special Procurement (“SP”) No. REQ-DASOBO-00195821 Amendment No. 5 (“Amd-5”), ODHS, through its Office of Contracts & Procurement (“OC&P”), seeks approval to reinstate and amend contract number ODHS-141964-13 (“Contract”) issued to SpeakWrite LLC (“Contractor”) as outlined below:

• reinstate the Contract in accordance with Oregon Administrative Rule (“OAR”) 125- 246-0570;

• increase the maximum not-to-exceed compensation (the “NTE”) an additional $250,000 for a cumulative NTE of $5,900,000; and

• extend the Contract term through August 31, 2026 to support a transitional period.

b. Background:

ODHS staff, including family coaches and case workers, use the Services to transmit voice and video recordings and receive transcribed documents for case management narratives, court reports, home visits, voicemails, and videos for public meeting events.

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2024-2025:

DAS SPS sent notification of availability to contract Transcription Services through the six (6) vendors via the Statewide Price Agreement(s) (“PA”) on March 25, 2025. SpeakWrite LLC was not one of the vendors awarded a PA. Per OAR 125-247-0200(2)(d), the Agency is required to utilize PAs when available. As such, the Agency has been diligently working on identifying a new provider under an awarded vendor PA to contract with them before the April 30, 2025 contract deadline. However, the available timeline did not allow ODHS programs enough time to complete the actions needed to establish new Service Order Contract(s) (“SOC”) under the new PAs.

For additional historical and background information see SP_Attachments 1-5.

c. Current Need:

Since the Agency received notice of the available transcription service providers available under the PAs, the Agency has been working as quickly as reasonably possible to vet the available providers, decide on a contractor, and complete the contracting process ahead of the current April 30, 2026 contract end date. Despite this effort, the Agency did not complete the aforementioned actions needed to establish a new SOC.

Without access to the Services:

• 16+ District offices would be negatively impacted.

• Case workers would need to dedicate significantly more time manually documenting interviews and meetings. This shift would likely reduce the amount of time case workers could dedicated to direct, in-person interactions with clients and Oregon’s vulnerable populations.

• Crucial details and patterns that warrant attention could go unnoticed, leading to missed opportunities for improvement or timely escalation of issues.

Additionally, ODHS did not include a buffer of funds to cover unexpected costs during the last SP_Amd-4 and is requesting additional funds in order to fulfill the remaining payments to cover through April 30, 2026.

With approval of this SP_Amd-5 Request:

• the cumulative NTE payable to Contractor under the subject Contract will be as follows:

o ODHS-141964-13: NTE $5,900,000, which reflects an increase of $250,000.

• the cumulative total estimated cost approved through this SP and its Amendments 1-5 will be $6,000,000.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, OC&P will issue a public notice (the “Notice”) of this approved SP_Amd-5 on OregonBuys® for a period not less than seven (7) calendar days.

2. The Notice will include provisions that any affected party may protest the

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3. DAS and OC&P will respond to and resolve all protests, if any.

4. If no protests to this SP_Amd-5 are received or sustained, OC&P will proceed with reinstating and amending the Contract as set out in Section 10.a, Amendment Request, and in accordance with Delegation Agreement #REQ- DASOBO-00197956, Amendment No. 2 (previously Delegation Agreement #REQ-DASOBO-00146412, Amendment No. 1 and #REQ-DASOBO-00089028), as amended.

5. Pursuant to Oregon Revised Statute (“ORS”) 291.047 and related OAR 137-045-0015, DAS SPS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing all Contract amendment(s), as required.

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

With the approval of the Original SP (SP_Attachment-1) in 2018 and subsequent amendment of the Contract, the SP and the Contract became intertwined. Therefore, the Contract cannot be amended and extended as outlined in Section 10.a above, without first obtaining DAS CPO approval through an SP Amendment Request.

The same justification statements and facts set out in SP_Attachments 1-5 still apply.

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:

• The Contract was established through a competitive procurement process in accordance with Oregon statutes and administrative rules.

• The RFP to establish new statewide PAs for Transcription Services was issued on OregonBuys® July 17, 2024.

o The opportunity was structured to foster maximum competition.

o OregonBuys® currently holds a roster of 37,979 vendors.

o The opportunity has completed awarding it’s PAs, however SpeakWrite, LLC was not issued an award.

o DAS issued the PAs March 25, 2025. ODHS-OC&P is requesting DAS’ approval through an amendment to this SP to reinstate and amend the Contract term and increase the Contract NTE.

REQ-DASOBO-00195821_AMD-5_SpeakWrite_ODHS Page 4 of 6 o ODHS SpeakWrite contract will be extended through August 31, 2026 to establish the SOCs, transition account services to a new vendor, and train ODHS staff on the use of new Transcription Services.

o ODHS will leverage the PAs for Services thereafter and the Contract will be terminated after the transition period through August 31, 2026.

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:

ODHS case workers, licensors, complaint specialists, family coaches, and Child Protective Services workers rely heavily on the Services to streamline their documentation processes. This not only enhances the quality of care and support provided to Oregon’s vulnerable populations, including children, aging people, and individuals with disabilities, but also allows staff to dedicate more time to direct client interactions.

Amending the Contract to extend its term through August 31, 2026, as requested in this SP_Amd- 5, will serve several important purposes:

1. Bridging the Gap: The extensions will ensure continuity in Transcription Services, preventing any disruptions. Since ODHS has been using SpeakWrite for many years and they are not a vendor participating in a PA, the individual agency program needs more time to negotiate contract award and execute SOCs. Additionally, the SpeakWrite contract amendment allows for transitional time and actions from SpeakWrite to any new provider(s).

2. Establishing Transcription Services SOCs: With the establishment of the DAS PAs with the six vendors, it is appropriate for Publications and Creative Services (PCS) to turn the contract administration of the SOCs to each specific agency program for them to establish the terms of their own Services and requirements to meet the individual needs of their program’s work.

PCS does not use transcription services for our own PCS work and does not have the staff capacity to complete the buying process under these PAs to establish the Services for each specific agency program. Additionally, PCS does not have the knowledge to review and select the appropriate vendor for each program’s service needs and administer their SOC terms. Lastly, PCS cannot set up and manage new account access for a new vendor for all

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3. Supporting Workflow Management: By extending the current Contract during a transitional phase, ODHS will be able to manage their workflows effectively and focus more on direct client interactions, which is essential for providing a continuation of quality service and support. Additionally, a stable contract environment can reduce administrative burdens, enabling teams to prioritize their core responsibilities and enhance overall productivity. This extension allows time to implement new vendor services with onboarding and training staff, guaranteeing no disruption of critical services.

4. Promoting Public Interests: Approval of this SP_Amd-5 will aid ODHS’ timely delivery of health and human services to the community, which not only supports the well-being of individuals, but also fosters a healthier society overall.

The facts and circumstances detailed in SP_Attachments 1-5 are still applicable.

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.

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(s) 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:

Kathryn Jones, State Chief Procurement Officer Date:

Department of Administrative Services, State Procurement Services

5/8/26