REQ-DASOBO00111750_SP_Approved.pdf

Special Procurement REQ-DASOBO-00111750 ODOC Consulting Services Page 1 of 5

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00111750

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

1. Requesting Agency Name: Oregon Department of Corrections (ODOC)

2. Date of Request: January 23, 2024 3. Agency Number: 29100

4. Agency Contact Name: Kimberly Mainwaring 5. Phone: 971-707-0081

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

7. Time Period Requested: From: January 15, 2025 To: January 14, 2026

8. Total Estimated Cost: $550,000.00

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

ODOC seeks to engage Falcon Correctional and Community Services, Inc., an Illinois corporation (Falcon), as consulting experts to complete an assessment of its healthcare delivery system.

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

a. Request:

The request is for Falcon to provide ODOC with certain assessment services related to Falcon’s subject matter expertise in administration and delivery of correctional healthcare consultation services.

b. Background:

ODOC has been facing significant issues in its Health Services Division, as evidenced by complaints and lawsuits over medical treatment for a wide range of conditions, including the treatment of acute or chronic conditions or illnesses. Falcon has provided expert opinions, presentation materials, affidavits and declarations, along with written reports, as part of its services to the State of Oregon under a contract with the Oregon Department of Justice (DOJ). Falcon, through its contract with DOJ, has completed certain assessment work, through its interviews of ODOC personnel, reviewing and analyzing internal documents, providing crisis communication support, supporting media inquiries, and providing early recommendations for triaging immediate actions of ODOC.

ODOC wishes to continue this effort to complete a comprehensive assessment of its healthcare system in an expedited timeframe. Services will include Falcon providing best-practice recommendations, and support prioritized immediate needs, including crisis management and stakeholder engagement. These services are critical to stabilizing operations and meeting ODOC’s public health and safety obligations.

c. Current Need:

ODOC needs immediate and substantial technical assistance to complete a comprehensive assessment of its healthcare system so that it may minimize interruptions to its healthcare services for the approximately 12,000 adults in custody (AIC), including for access to services delivered both in and out of ODOC facilities.

ODOC Consulting Services Page 2 of 5

ODOC seeks to engage Falcon to assess ODOC’s healthcare delivery system. Falcon would utilize its existing body of work and subject matter experts to complete a comprehensive system-wide study of ODOC’s healthcare delivery system. Assessment services will include capturing the existing system, identifying operation aspects, and providing recommendations for improvement in healthcare delivery.

The scope includes all healthcare delivered to AICs, and may include targeting specific areas in need of improvement.

During the assessment process, Falcon will also support ODOC as ODOC navigates its immediate challenges and needs, specifically around organizational-administrative aspects of its healthcare delivery structure. Services will also include ongoing crisis management, communications support, and stakeholder engagement relating to ODOC’s healthcare operations.

d. Proposed Contracting Procedure:

1. This Special Procurement Notice will be issued through OregonBuys and serve as advertisement and notice to the vending community. The notice will include a provision that any affected person may protest the approval of the Special Procurement. ODOC, in coordination with DAS SPS, will respond to and resolve protests, if any. If no protests are received and sustained, ODOC will proceed with negotiations and enter into a contract with Falcon.

If a firm believes it can provide the same level of services within the same deadline as described in the notice, it must notify the Sole Point of Contact in writing within the 7-day posting period of the notice as follows: Any such firm must clearly document its capability of providing the services referenced in the notice, have the required experience, and demonstrate its ability to implement solutions on similar scale to ODOC’s current need as set forth in this Special Procurement. If no other firms can provide the required services, ODOC will enter into negotiations directly with Falcon.

2. If a contract amendment is determined to be necessary in order to extend the term of the resulting contract beyond what is listed in the section above or to add funds beyond what is listed in the section above, ODOC will submit a request to DAS SPS to amend this Special Procurement.

The awarded contract will not be amended if a protest is submitted and sustained.

3. Contract Period: Any resultant contract will have available the term (including any extensions) described in this Special Procurement.

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

The Falcon Group, having already provided essential assessment-related services to ODOC, is uniquely positioned to continue this urgent work. Falcon brings deep expertise in correctional healthcare systems and is uniquely positioned to provide rapid, targeted consultation to ODOC. The immediate engagement of Falcon will quickly provide an understanding of ODOC’s healthcare delivery model, and rapid targeting of areas for improvement. Falcon would also provide crisis management, communications and stakeholder engagement relating to its assessment of ODOC’s healthcare operations.

12. Findings to Satisfy the Required Standards: This proposed special procurement:

ODOC Consulting Services Page 3 of 5

X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

Awarding a contract to Falcon is unlikely to encourage favoritism and will not have a negative effect on competition for this scope of work, as the onboarding process for a new firm to do this body of work would be out of the scope required of Falcon and needed by ODOC. Contracting with a new firm will also create additional work that is not currently in scope. Any additional scope of work will hinder ODOC’s ability to quickly address ODOC’s healthcare delivery system.

Falcon is the only vendor that is able to provide immediate services without additional time for sourcing and awarding a contract, and without the need for repeating previously completed work. Falcon has provided a suite of assessment work, including interviewing ODOC personnel, reviewing and analyzing internal documents, providing crisis communication support, supporting media inquiries, and made early recommendations for triaging immediate actions of ODOC as part of its services to DOJ. Through this Special Procurement, Falcon would provide the necessary, urgent services described in this Special Procurement for ODOC, in order to serve its AICs.

In case of any additional, non-urgent needs of ODOC, such needs will be met following procurement rules and processes outside of this Special Procurement.

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:

Procuring Falcon’s services through this Special Procurement would allow ODOC to meet its immediate and substantial need for technical assistance to assess its healthcare operations for approximately 12,000 AICs. ODOC seeks to review how it provides access for services delivered both in and out of ODOC facilities. Contracting with Falcon for these services through this Special Procurement would mitigate current risks by reducing the source selection and onboarding timeframe and reducing the likelihood of duplication of work previously completed by Falcon. The Falcon Groups engagement is urgently needed in order for ODOC to address staffing concerns. It is in the public’s best interest to expedite this body of work, in order to provide a cost savings that will come from addressing the outstanding staffing issues.

Issuing a robust RFP would require a six-to-nine-month timeframe, which would delay ODOC addressing its immediate needs. Securing Falcon’s assessment services through this Special Procurement will support ODOC’s ability to focus its resources on completing the assessment and preparing to review Falcon’s recommendations for implementation.

Falcon has provided similar services to other states’ prison systems, such as Massachusetts and Wisconsin. Falcon provides unique expertise by employing former corrections administrators who also serve as expert witnesses in court proceedings and advise state and local governments on mental and physical health care in correctional settings. A contract awarded under this Special Procurement will allow ODOC to leverage this experience for Oregon. Additional services will not be awarded to Falcon under this Special Procurement.

ODOC Consulting Services Page 4 of 5

With Falcon’s expertise the services described in this Special Procurement can move forward in an expedited manner to quickly address the urgent healthcare needs of the AIC population. Falcon’s subject matter experts are current and former healthcare and prison operators, steeped in evidence-based practices for healthcare and prison operations, and have demonstrated their commitment to equity and access to justice and healthcare. The Falcon team includes subject matter experts with substantial experience in the correctional healthcare field, and working at the intersections of public health and public safety. Subject matter experts bring their experience to bear on a wide range of projects, including provision of consulting expert services including systemwide healthcare assessments.

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:

ODOC Consulting Services Page 5 of 5

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. Authorized Agency shall comply with all Enterprise Information Services (“EIS”) conditions and requirements prior to contract or contract amendment execution, if any.

APPROVED:

Jay Jackson, Procurement Policy Officer Date DAS State Procurement Services

01/24/2025