S-44000-00009532 PDAB_signed.pdf
PDF 264 KB Posted
- Solicitation number
- S-C01260-00009530
- Issued by
- Multnomah County, Oregon
About this file
This is a Sole-Source Determination and Justification document issued by the Oregon Department of Consumer and Business Services (DCBS) on February 20, 2024, approving a contract modification with Megan Herink for prescription drug affordability reviews. The services involve research and analysis to support the Oregon Prescription Drug Affordability Board's mandated responsibilities under Senate Bill 192, which requires the Board to conduct affordability reviews on designated prescription drugs and provide legislative recommendations. The original contract, PO-44000-00026588, was awarded as a small procurement direct award on November 9, 2023. The modification increases the contract's not-to-exceed (NTE) amount to $25,000 due to higher-than-anticipated costs for completing the drug affordability analysis work. The Board has three critical meetings scheduled for March 20, 2024, April 17, 2024, and May 15, 2024, which directly depend on completion of this work, making time a critical factor in the procurement decision.
The document justifies the sole-source award under Oregon Administrative Rule 125-247-0275 based on the compatibility and unique design findings. Megan Herink possesses specialized knowledge of the specific drugs under review and has already completed critical preliminary work; engaging another vendor would render this prior work obsolete and require costly rework. Market research indicates that drug affordability analysis is an emerging field with few qualified practitioners, and other prescription drug boards could not recommend alternative experts within the required timeframe. The $25,000 contract amount falls within the small procurement threshold and was approved by Miriha Aglietti, Designated Procurement Officer, on February 22, 2024. No competitive solicitation was pursued, as any formal bidding process would exceed the available timeline and likely yield no alternative qualified vendors.
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Text version
SOLE-SOURCE DETERMINATION AND JUSTIFICATION
FOR SUPPLIES AND SERVICES
No. S-44000-00009532
To: Miriha Aglietti, Designated Procurement Officer
Department of Consumer and Business Services
From: Nicholas Brooks, Procurement Specialist
Date: February 20, 2024
Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275
Part A
1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)
2. Estimated Total Value of Contract: $25,000
3. Subject of Contract: Prescription Drug Affordability Reviews.
4. Background:
The Oregon Prescription Drug Price Transparency Program (“Program”) was created by 2018 House Bill 4005.
House Bill 4005 directs the Agency to collect a variety of information related to prescription drug pricing from prescription drug manufacturers, health insurers, and consumers. House Bill 2658 (2019) added more reporting requirements for pharmaceutical manufacturers.
The Oregon Prescription Drug Affordability Board (Board) was created by 2021 Senate Bill 844. Agency selects prescription drugs and analyzes their cost-effectiveness for legislative recommendations to make prescription drugs more affordable.
On November 09, 2023, Agency entered into a small procurement direct award contract , PO-44000-00026588 with Megan Herink to provide research and reports for the Board to provide affordability review for a series of drugs. These reviews are required of the board by SB192. The list of these drug and reporting schedule can be found here: https://dfr.oregon.gov/pdab/Pages/affordability-review.aspx.
The nature of the contract is such that time is of the essence. Agency still has three upcoming board meetings on March 20, 2024, April 17, 2024, and May 15, 2024, that this work critically affects.
Due to the unknown nature of the work, costs for the review were higher than Agency anticipated. To successfully complete the review started by Megan Herink, Agency is requesting to increase the NTE of the contract to $25,000.
It is worth noting that this increased NTE still falls within the small procurement threshold.
5. Findings:
Drug affordability analysis is an emerging field with few specialized and available individuals that can provide the necessary information. Megan Herink has specialized knowledge of the drugs the Board is required to report out on. Given the time constraints needed to complete Agency’s work and efficient utilization of Megan Herink existing work, no other vendor would be able to provide the required services.
A. Market Research Overall Finding.
• Internet Research indicates that information needed to complete these reviews is not publicly known.
• Correspondence with other Prescription Drug Boards indicates few recommended experts in the field.
• Private entities are unable or unwilling to provide the necessary services within the time constraints.
And
B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:
1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.
Megan Herink has already provided critical data relating to this request. Proceeding with another vendor would render the value of the services already completed obsolete. In order to maintain the value of this data and avoid rework, Agency must continue to contract with Megan Herink.
2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your 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.
Not Applicable
3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.
Not Applicable
4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.
The data and services being provided by Megan Herink are of a unique design that are not available from any commercially available source. Due to the timelines that Agency needs the work completed by, Megan Herink is the only vendor with both the availability and expertise to provide these services.
Any solicitation method would require too much time and render the purpose of the solicitation moot. It is also unlikely, given our market research, to turn out any other vendors. Therefore, continuing to contract with Megan Herink will not result in favoritism.
Agency also feels that because this contract award amount falls under the revised direct award small procurement threshold, it does not result in favoritism.
Approved By: ____________________________________________________________________ Miriha Aglietti, Designated Procurement Officer, Date:
02/22/2024
| 2024-02-22T09:06:35-0800 | |
| Agreement certified by Adobe Acrobat Sign |
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