S-10000-00012558.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES -

Date: January 14,2025 Sole source number: S#10000-00012558

To: Kirk N. Rhoades, Designated Procurement Officer

ODHS Office of Contracts & Procurement

Requestor: Rodney Schroeder

Agency/division: Oregon Department Human Services (ODHS)

Program/office: Aging and People with Disabilities (APD)

Community Services and Supports Unit (CSSU)

Contract specialist: Kathy McKenzie

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: $329,750.00.

Description of goods or services: Necessary assistance to support a comprehensive technical review of current practices, gap analysis, and the updating of ODHS policies and procedures to come into compliance with the Older Americans Act (“OAA”) Final

Rule and an analysis of utilizing the InterRAI tool within our Long-Term Services and

Supports programs, as part of ODHS Member services with Advancing States.

1. Background: This sole source justification applies to the technical support needed for the necessary changes to be compliant with the Older Americans Act of 1965 updated rule, as amended, so ODHS can continue to address the social service needs of older adults in Oregon and to provide technical assistance to meet the coming Access Rule requirements.

a) On February 6, 2024, the OAA for the first time in over 37 years released updates on regulations for state and local agencies to implement for all OAA-funded initiatives. CCSU seeks the technical assistance with the review, planning, development, training and implementation of the federal legislation changes that are necessary for Oregon to properly implement the OAA updated changes, by the due date of October 1, 2025, as required by the OAA.

b) Due to Advancing States partnership and close working relationship with the

Administration for Community Living (ACL), the federal agency that oversees the

OAA, it has allowed them to set up this unique program to support their members and share the relevant resources and tools that assist in assessment and implementation of the final ruling in the time frame allotted, that no other company can do.

c) This review and assistance is technical in nature, and Advancing States has the knowledge and the technical competence to assist Oregon in meeting this federally mandated requirement.

This requirement includes, but is not limited to the following:

• Comparative Analysis;

• Implementation, checklists;

• State Plan on Aging (SPOA) Amendment;

• Corrective Action Plan Development, if needed;

• Workplan;

• Policies and Procedures;

• Training;

• Assessment and Evaluation;

• Monitoring and Maintenance;

• Money Follows the Person (MFP);

• and InterRAI Analysis.

2. Prospective contractor/vendor:

Legal entity name: Advancing States

DBA:

Address: 241 18th Street South, Suite 403, Arlington, VA 22202

Contact person: Abby Cox

Phone: 202-222-0344

Email: acox@advancingstates.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: Kathy J. McKenzie, ODHS Procurement and Contract Specialist

Address: 500 Summer Street NE E03, Salem, Oregon 97301

Phone: (503 )979-3757 Fax: 503-378-4324

Email: kathy.j.mckenzie@odhs.oregon.gov

Agency reserves the right to purchase additional goods, services, or training from the

Contractor as a result of the work product produced, and dependent upon the needs of

ODHS to meet compliance with the updated rule(s), c or up to 5 years, whichever occurs first.

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.

For information technology contracts, any ownership or proprietary issues should be fully addressed with written documentation to support facts.

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.

Advancing States represents the nation’s 56 official state and territorial agencies on aging and disabilities. This support is brought/offered to all members to assist members in a comprehensive technical review of current practices, procedures and rules, gap analysis, and achieving support in updating of their policies and procedures to be Federally compliant with the OAA final rule requirements by the implementation date and to meet the Access Rule requirements.

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.

Due to the rushed deadline for these services. Advancing States is the only company with the capacity, technical expertise, and a distinct working relationship with the Administration for Community Living (ACL) that provides a strong confidence in the successful utilization of their technical assistance to provide the necessary highly technical and complex review of existing resources and make recommendations of changes that need to be made at the State level to ensure compliance of all the updated and new Federal rules. These rules must be implemented no later than the deadline of October 1, 2025.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO