S-44300-00008978 Sole Source Memo and Brand Name Justification.docx

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

ODHS Office of Contracts & Procurement

DAS Delegation 649-11, as amended

Estimated total contract value: $77,878.72 per year.

Description of goods or services: Purchase of Rhapsody RHP Runtime support and maintenance through Software Value-Added Reseller (SVAR) price agreement with SHI, Inc. (Vendor).

1. Background: This sole source justification applies to the purchase of:

a) Provide a brief description of the contract or contracts to be covered including contemplated future purchases:

Agency requests purchase and renewal of existing Rhapsody support and maintenance.

b) Describe the product or service to be purchased:

Rhapsody is an integration engine used by the Public Health Division to queue, route, and map electronic laboratory reports; electronic case reports; case notification and morbidity reports from providers; syndromic surveillance data from hospitals; hearing test results from Oregon Health and Science University; influenza and laboratory response network messages from the state public health laboratory (OSPHL) to the Centers for Disease Control and Prevention (CDC); as well as for bi-directional web services between ALERT Immunization Information System and Orpheus (communicable disease surveillance system) and between the National Poison Data Center and ESSENCE (syndromic surveillance system). Rhapsody is also used to send syndromic data to the National Syndromic Surveillance System (BioSense), communicable disease to CDC, and to route misdirected ELR and ECR reports to the appropriate jurisdiction.

Rhapsody is used by Public Health Divisions (PHDs) across the country as well as several health systems in Oregon; and it’s use is supported by CDC and one of our main hubs for exchange (the Association of Public Health Laboratories (APHL) Informatics Messaging Services (AIMS) Platform).

c) Describe the reasons the agency is seeking this procurement method:

Rhapsody has been in use since at 2008, purchased via the Software Value-Added Reseller (SVAR) price agreement with SHI, Inc. (Vendor). Agency will post notice of this Sole Source Determination and Brand Name Specification on OregonBuys for seven days. If no protests are received, Agency will award a contract to Vendor at the end of that time. This method of procurement is one of the options for selecting a product for purchase from SVAR price agreement #PO-10700-00014971.

2. Prospective contractor/vendor:

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

Agency reserves the right to purchase additional licenses, support, goods, services to include on-call maintenance, preventative maintenance, repair, or training for up to 10 years.

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 do market research to supports the assertion that there is only one source that can provide the goods or services. Agency engaged in the following market research:

See Attachment 1, Determination of Brand Name Specification, attached hereto and incorporated herein by this reference.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

ATTACHMENT 1

DETERMINATION OF BRAND NAME SPECIFICATION

DAS Delegation 649-11, as amended

Total estimated cost: $77,872.72 per year.

1. Background:

a) Provide a brief description of the contract or contracts to be covered including contemplated future purchases:

Oregon Health Authority Public Health Division seeks to renew Rhapsody support and maintenance through a statewide SVAR price agreement, which was awarded to the vendor pursuant to a competitive process. Agencies may use a brand name justification to determine the best product to purchase from the SVAR.

The Rhapsody product has been in use serving the Public Health Authority since 2008. Agency intends to renew for a period of up to 10 years.

b) Describe the product or service to be purchased:

The Oregon Public Health Division relies upon multiple applications and information systems to conduct communicable disease outbreak and case monitoring, comply with grant guidance, and inform public health policy. The ability to securely and efficiently transform and transport data to/from a variety of sources using nationally recognized standards to diverse information systems is essential to our efforts. The Rhapsody integration engine is the routing mechanism for this data transfer and integration. Rhapsody is used across multiple programs and centers within the Public Health Division.

Rhapsody is used to queue, route, and map electronic laboratory reports; syndromic surveillance data from hospitals; hearing test results from Oregon Health and Science University; influenza and laboratory response network messages from the Oregon State Public Health Laboratory (OSPHL) to the Centers for Disease Control and Prevention (CDC); Meaningful Use messages for the immunization program; as well as for bi-directional web services between ALERT Immunization Information System and Orpheus (our communicable disease surveillance system) and between the National Poison Data Center and ESSENCE (our syndromic surveillance system). Rhapsody is also used to send syndromic data to the National Syndromic Surveillance System (BioSense) and communicable disease to CDC; to process case notification and morbidity data from providers.

c) Describe the reasons the agency is seeking this procurement method:

Rhapsody has been in use since at 2008, purchased via SVAR) price agreement with SHI, Inc. (Vendor). Agency will post notice of this Sole Source Determination and Brand Name Specification on OregonBuys for seven days. If no protests are received, Agency will award a contract to Vendor at the end of that time. This method of procurement is one of the options for selecting a product for purchase from SVAR price agreement #PO-10700-00014971.

2. Brand name to be acquired:

3. Findings to satisfy required standards:

|X| Use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts because: Agency is purchasing Rhapsody through a statewide SVAR price agreement, which was awarded to the vendor pursuant to a competitive process. Agencies may use a brand name justification to determine the best product to purchase from the SVAR. Competition will not be diminished because no other product is equivalent to the quality, performance, and function of Rhapsody RHP Runtime Engine.

or |_| Use of a brand name specification would result in substantial cost savings to the agency or the public because:

or |_| There is only one manufacturer or seller of the product of the quality, performance or functionality required; because:

or |X| The efficient utilization of existing goods requires the acquisition of compatible goods or services because: Rhapsody is an integration engine used by the Public Health Division to queue, route, and map electronic laboratory reports; electronic case reports; case notification and morbidity reports from providers; syndromic surveillance data from hospitals; hearing test results from Oregon Health and Science University; influenza and laboratory response network messages from the OSPHL to the CDC; as well as for bi-directional web services between ALERT Immunization Information System and Orpheus (communicable disease surveillance system) and between the National Poison Data Center and ESSENCE (syndromic surveillance system). Rhapsody is also used to send syndromic data to the National Syndromic Surveillance System (BioSense), communicable disease to CDC, and to route misdirected ELR and ECR reports to the appropriate jurisdiction.

FINDINGS

The findings are accepted, adopted, and incorporated by reference herein.