S-10000-00011481 Sole Source.pdf

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SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES - DRAFT

Instructions: Program staff – complete fields in BLUE prior to submitting with 118s, solicitation request form.

Date: September 6, 2024 Sole source number: S-10000-00011481 (5946)

To: Kirk N. Rhoades, Designated Procurement Officer ODHS Office of Contracts & Procurement

Requestor: Mary Geelan Agency/division: ODHS, herein after referred to as “Agency” Program/office: Office of Child Welfare Programs / Families First Contract specialist: Louie Thomas

Agency Sole source rule: Sole source authority:

DHS OAR 125-247-0275 OAR 125-246-0170(2)

DAS Delegation 649-11, as amended

Estimated total contract value: $758,000.00

Description of goods or services: This contract will provide the continued operation of, and ongoing refinement to, the Oregon Kinship Navigator Program, created and operated by the Contractor since its inception in collaboration with ODHS in 2019, and currently anticipated to end October 2025.

1. Background and Statements of Fact:

Background

The Family First Prevention Services Act (“FFPSA”) is federal legislation that enables states to access federal funding typically spent on Foster Care payments on certain services and supports that prevent removal of children from their homes to be placed in foster care. The primary goal of FFPSA, and Oregon’s implementation of FFPSA, is to serve more children in their homes and communities and decrease the utilization of foster care

A primary focus of FFPSA is development and support of Kinship Navigator programs. A Kinship Navigator program is a specific set of services and supports to

S-10000-00011481 (5946-0) v1 / l.thomas Page 2 of 5 assist family members caring for children, youth, and young adults outside of the state-run foster care system. These family members tend to be grandparents, aunts and uncles, older siblings, and other relatives caring for children with little to no additional support. The Kinship Navigator programs provide direct assistance and navigation to additional supports to these families.

Current situation:

ODHS contracted with Greater Oregon Behavioral Health, Inc (“GOBHI”) in 2019 to develop, implement, and administer a statewide Kinship Navigator program in phases as a result of being the only respondent to RFP 4848 (August 2019). As Contractor, GOBHI provides direct support to families, and has initiated and developed significant infrastructure for the Navigator program, including a fully functional interactive website with resources for families, a Facebook page to connect with families seeking assistance, an active phone line for families to call, community partnerships in every county to refer families to, and several other services and supports.

The current contract (162001) is set to expire on September 30, 2024, and has been renewed up to the maximum number of years allowed in the original solicitation.

ODHS currently primarily funds the Kinship Navigator Program through a non-FFPSA federal grant that is available to states specifically for Kinship Navigator services.

This funding is available through October 2025, and while the federal government may make an additional grant available next year, Agency does not anticipate this being the case. The intent is to transition this Work to funding by the FFPSA federal grant.

A primary requirement of FFPSA is that states implement specific Evidence Based Practices (“EBP”) that are approved by the federal government. These requirements have been waived to this point. This is not going to be the case forever. Over the next year, Child Welfare will be working with GOBHI and other partners to determine gaps between current practice and approved EBPs.

As Child Welfare transitions to funding this program with state general funds matched by federal funds through FFPSA, the Agency will likely need to ensure that the Kinship Navigator program follows an EBP. That change will require a substantial shift in this work that cannot be anticipated in the timeframe that aligns with an immediate solicitation.

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During the next year, through October 2025, Agency will continue services under contact with GOBHI. During this time, Child Welfare will determine opportunities and criteria for implementing Evidence-Based Kinship Navigator services and will develop a funding strategy that will guide the scope and intensity of services, with a goal of developing and posting a new competitive solicitation.

Conclusion and Findings of Fact:

Because this program is anticipated to exist in its current configuration only until October 2025, it’s not in the best interests of the State of Oregon, nor is it the most efficient use of its resources, to resolicit this Work for an additional 13 months. The current Program and its associated resources were created by GOBHI and have been administered by GOBHI since its inception. That experience is irreplaceable and continues to be invaluable to ODHS as it plans the Program’s transition to an EBP, which may fundamentally change its structure and administration.

Finding of fact by ODHS has determined that this Work qualifies as a “Sole-Source Procurement” in accordance with the following:

• OAR 125-247-0275(a) – Compatibility. “… compatibility may be implicated when … Services such as … project management or system integration are required to interface or integrate with existing … Services.”

The current Work performed, and resources utilized by, GOBHI were created specifically by GOBHI in collaboration with Agency to accommodate the new Oregon Kinship Navigator Program. That Work and those resources are relatively unique to the Oregon Kinship Navigator Program, and as such, are not replaceable in its same configuration by offering the Work by solicitation.

Because the Work will only continue for another 13 months, it’s not feasible for Agency to find another vendor that can provide project management consistent from the Program’s creation, nor find systems that can integrate with the current Program.

• OAR 125-247-0275(c) – Pilot or Experimental Project.

Project qualifies as both a “Pilot” and “Experimental” project, and has since its inception, and continues as such as a precursor to the creation and transition to an EBP, as required for FFPSA federal funding. The Pilot was created to develop the Oregon Kinship Navigator Program and its currently still evolving.

As a Pilot, it’s time-limited to October 2025, and the initial work will form the basis for the EBP that will replace it.

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2. Prospective contractor/vendor:

Legal entity name: Greater Oregon Behavioral Health, Inc.

DBA:

Address: 401 E 3rd Street, Suite 101, The Dalles, Oregon Contact person: Lindsay Gordan Phone: (503) 298-2101 Email: contracts@gobhi.org

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services Office of Contracts and Procurement ATTN: Louie Thomas, Procurement and Contracts Specialist Address: 500 Summer Street NE E03, Salem, Oregon 97301 Phone: (971) 283-4755 Fax: (503) 378-4324 Email: louie.thomas@odhs.oregon.gov

Agency reserves the right to amend or extend the initial contract for additional periods of time to accommodate any changes in program structure, to continue to develop the program, any changes in federal funding or requirements, and to add additional monies if necessary.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

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For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts. [Attach supporting documentation, if applicable]

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

or Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. [Enter supporting documentation] or Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. [Enter supporting documentation]

APPROVED:

By:

Signed by DPO electronically via OregonBuys Kirk N. Rhoades or acting DPO