S-10700-00001080_Final_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. S-10700-00001080

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

1. Requesting Agency Name: The Oregon Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of the Oregon Department of Administrative Services, Publishing and Distribution (“Agency” or “DAS P&D”)

2. Date of Request: October 6, 2021 3. Agency Number: 107115

4. Agency Contact Name: Nathan C. Ramos 5. Phone: (971) 707-0016

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

7. Time Period Requested: From: November 12, 2021 To: June 10, 2022

8. Total Estimated Cost: $350,000

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

Hammermill® Fore Multi-Purpose 24/60# 8.5” X 11” White Cut Sheet Production Stock Paper

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

a. Request:

DAS PS, on behalf of DAS P&D, requests approval of this Special Procurement (“SP”) No. S-10700- 00001080 to amend the Price Agreement (PA) No. 1750 with Kelly Paper to increase by $350,000 for a new not-to-exceed (“NTE”) amount of $500,000 in order to meet Agency needs until a new competitive solicitation and award of new PA(s) is completed.

b. Background:

DAS P&D provides printing, mailing, and distribution services to state agencies, counties and cities. DAS P&D has specialized knowledge, private and public partnerships, and statewide perspective to tailor innovative solutions for each customer’s needs and budget.

On or around June 2, 2021, DAS PS posted Request for Quote (“RFQ”) No. DASPS-2307-21, which resulted in a single award for the procurement of Hammermill® Fore Multi-Purpose White Cut Sheet Production Stock Paper. The RFQ resulted in Price Agreement No. 1750 between DAS PS and Kelly Paper, for a NTE of $150,000. The Agency has reached the NTE amount of this PA, but still requires more paper.

Starting in August of 2021, the COVID-19 pandemic cases increased in the State of Oregon. DAS P&D faced an exponential demand for COVID-19 related printings including pamphlets, flyers, and informational documents, including an Oregon Department of Motor Vehicles printing backlog of over 300,000 sheets of paper.

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c. Current Need:

DAS P&D is in need of Hammermill® Fore Multi-Purpose White Cut Sheet Production Stock Paper, in order to meet its production deadlines. The Agency has a limited amount of paper stock on hand and has reached the maximum spend amount of Price Agreement #1750. The Agency needs to increase the NTE by $350,000 for a cumulative total of $500,000, to allow for continued procurement of paper until new PA(s) are executed.

d. Proposed Contracting Procedure:

1. DAS PS will issue a public notice in OregonBuys, as required by Oregon Administrative Rule (“OAR”)

125-247-0287, for seven (7) calendar days, regarding approval of the Special Procurement Request.

2. Advertisement of the Special Procurement will include provisions that an Affected Offeror may protest the approval of the Special Procurement, provided the Affected Offeror submits the protest to DAS PS within seven (7) calendar days of the posting of the approval of this Special Procurement request.

3. DAS PS will respond to and resolve protests, if any. If no protests to this Special Procurement are received or sustained, DAS PS will proceed with amendment of Price Agreement No. 1750 with Kelly Paper. DAS PS will obtain all necessary approvals, including Department of Justice (“DOJ”) legal sufficiency review and approval.

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

The approval of this SP will allow the DAS P&D to continue purchasing necessary stock paper from Price Agreement No. 1750, while a solicitation is conducted to secure new price agreement(s).

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:

This Special Procurement allows the Agency to continue to purchase necessary stock paper to complete its mission and provide critical information to the citizens of Oregon. This Special Procurement allows for continued use of the existing price agreement, while a new solicitation is being conducted. This Special Procurement does not extend the term of the current price agreement.

and

__X____ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

______ (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:

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The approval of this Special Procurement request will benefit the citizens and State of Oregon by allowing DAS P&D to continue to purchase necessary stock paper from the current price agreement, providing critical printed information regarding employment decisions, COVID-19 information, legal matters, and more, until such time as the new price agreement(s) are in place. If the Agency were required to purchase stock paper from a public office supply store, the cost in both the product and staff time to track down and procure needed supply would be extensively higher than purchasing from the already established price agreement.

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:

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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 OregonBuys. The Special Procurement may not be used until after the completion of the seven (7) calendar 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 will obtain Department of Justice (DOJ) legal sufficiency review and approval, as may be required.

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date:

Department of Administrative Services

Oct. 29, 2021