REQ-DASOBO-00222315 SP Attachment B.pdf

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REQUEST FOR SPECIAL PROCUREMENT

REQ-DASOBO-00019979 (formerly SP-826-16)

Amendment No. 1

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

1. Requesting Agency Name: Oregon Department of Human Service (“ODHS”), Oregon Health

Authority (“OHA”), and Oregon Home Care Commission (“OHCC”) (collectively “Agencies”)

2. Date of Request: October 19, 2021 3. Agency Number: 10000

4. Agency Contact Name: Brenda Brown 5. Phone: 503-947-5284

6. Type of Request: __X_ Class Special Procurement

7. Amendment Time Period Requested: From: December 31, 2021 To: December 31, 2026

8. Total Estimated Cost for Amendment Time Period: $5,000,000.00

Note: This Special Procurement (“SP”) Amendment Request seeks an increase of $5,000,000.00 to the ‘Estimated Cost’ of the original, approved SP-826-16. With approval of this SP Amendment No.

1 Request, the cumulative Total Estimated Cost of SP-826-16 (now REQ-DASOBO-00019979) will be $10,000,000.00.

The total spend for contracted Services procured in accordance with the procurement procedure set forth in the original, approved SP-826-16 between March 2016 and December 2021 is $4,950,000.00

(see SP Attachment 2, Contracts List).

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

Continued use of a Request for Applications (“RFA”) solicitation method to procure Services for

Agencies.

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

a. Amendment Request:

The ODHS Office of Contracts and Procurement (“OC&P”) seeks continued use of the RFA solicitation method detailed and approved in original SP-826-16.

b. Background:

The Agencies provide numerous health care services to the public. To meet their Service delivery commitments in a timely manner, the Agencies have established a network of Contractors (SP

Attachment 2) using the RFA solicitation method set forth in the original, approved SP-826-16.

For additional historical and background information see SP Attachment 1, Original SP 826-16.

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c. Current Need:

The same need detailed in SP Attachment 1 still exists today. The Agencies have continued need to utilize the RFA procurement method as a tool to:

• encourage broader competition;

• accept applications throughout a longer period of time;

• establish and maintain a network of Contractors for the provision of timely Services, especially in areas where the Service(s) may not exist or may currently be provided through unsystematic or inefficient means.

For additional historical and background information see SP Attachment 1, Original SP 826-16.

d. Proposed Contracting Procedure:

1. OC&P will issue a public notice on OregonBuys, as required by Oregon Administrative Rule

(“OAR”) 125-247-0287, for a seven (7) day period, regarding approval of this SP

Amendment No. 1 Request.

2. The public notice will include a process by which any affected person may protest the approval of the SP Amendment No. 1 Request. The Department of Administrative Services, Procurement Services (“DAS PS”) will respond to and resolve protests, if any.

3. If no protests to this approved SP Amendment No. 1 are received and sustained, the Agencies may, at their sole option, continue to utilize the RFA solicitation method as set forth in the original, approved SP-826-16 to establish Services contracts that are within the scope of this

SP.

4. OC&P will post all RFA announcements on OregonBuys, the State’s eProcurement system of record, which replaced the Oregon Procurement Information Network (“ORPIN”) in 2021.

11. Justification for use of Special Procurement:

The solicitation method set forth in the original, approved SP-826-16 promotes ongoing, fair and open competition and aligns well with the mission of public contracting in Oregon as set forth in ORS

279A.015; for instance:

• It simplifies procurement practices;

• It is efficient;

• It allows for impartial and open competition and protects both the integrity and competitive nature of the public contracting process; and

• It evaluates multiple factors, including qualifications, as well as pricing.

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:

For the same reasons detailed in Section 11 above and in SP Attachment 1.

and

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______ (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 Agencies provide vital social services to some of Oregon’s most vulnerable citizens:

• ODHS: provides direct services to more than 1 million Oregonians each year. These services provide a key safety net for those in our society who are most vulnerable or who are at a difficult place in their life.

• OHCC: is responsible for ensuring the high quality of homecare services (funded by ODHS) for seniors and people with disabilities and addressing the needs of persons with intellectual/developmental disabilities, mental illnesses, their family members, and personal support workers.

• OHA: is at the forefront of lowering costs, improving quality and increasing access to health care in order to improve the lifelong health of Oregonians. The Oregon State Hospital (“OSH”), one of OHA’s many programs, provides patient-centered, psychiatric treatment for adults throughout the state who need hospital-level care.

The RFA solicitation method set forth in this SP Amendment No. 1 and its Attachment 1, supports the

Agencies’ ability to timely deliver quality Services to Oregon citizens, and thereby substantially promote the public interest.

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 ORPIN. 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. 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. Upon completion of the Notice (section 1) approval applies retroactively to December 31, 2021.

APPROVED:

Kelly Mix, State Chief Procurement Officer Date

Department of Administrative Services