S-73000-00010477_SoleSource_Determination_Final.docx

S-73000-00010477 Sole-Source Determination and Findings

1. General description:

The Oregon Department of Transportation (ODOT) intends to enter into a sole-source contract with the Oregon State Snowmobile Association (OSSA) for Snowmobile Program Management. The initial term of the contract will be 10 years, with the option to extend the contract term in accordance with applicable law. In coordination with ODOT and federal, state and local authorities, the OSSA will administer a program for the maintenance of snowmobile facilities and for the enforcement of snowmobile regulations on public lands in Oregon. All work must be conducted according to the contract standards and standards of the public land management agencies.

History OSSA was established specifically for the purpose of providing statewide continuity in snowmobile recreation and has administered the statewide Snowmobile Program since 1981. OSSA provides an established network of public agencies and volunteer organizations to identify, enforce, and maintain snowmobile trails. This unique non-profit organization has support and involvement of more than 32 snowmobile clubs from across the state. Through close ties with the snowmobile clubs, OSSA is able to enlist volunteers to do much of the actual trail maintenance work. OSSA is the only organization that can provide the quality of services needed because of the established volunteer base. No other organization has ties to these clubs on a statewide basis.

In 1995, public solicitation was made in search of potential providers. There were only two telephone inquiries during the public notice process, after which no further interest was expressed. There was no response to a public notice released in 2003 regarding extension of the then-current contract. In 2009, a public notice was released announcing ODOT’s intent to award a sole source contract to OSSA, and again no responses were received. In 2014, a public notice was released announcing ODOT’s intent to award a sole source contract to OSSA, and again no responses were received.

In 2019, ODOT released a Request for Information (RFI), as a means of conducting market research to determine if there were potential competitors to provide the services described in the current contract B32289. As a result of the 2019 RFI covered under Section 2 “Summary of market research” below, ODOT posted a sole source notice to amend Contract B32289. In February of 2022, ODOT an RFI, as a means of conducting market research to gauge competition for the continuation of this work, and to comply with the sole source notice posted in 2019, and there were no responses. In 2024, ODOT released another RFI, as a means of conducting market research, and there were no responses. As no responses were received for the current 2024 RFI, it has been determined that no additional providers could meet ODOT’s minimum requirements for responding to a Competitive Request for Proposals as required in ORS 279B.060,which were part of the response criteria as set out in the 2024 RFI. Those requirements are:

At least 2 years relevant experience developing and administering a program which covers a broad geographic area with work occurring concurrently in multiple locations and which requires prioritization of work and coordination with multiple public agencies.

At least 1 person in a leadership role who will be responsible to coordinate the work performed under the contract. This person must have at least 2 years of experience similar to the work required of the contractor under the contract.

Experience must include developing and managing a program with a preference for managing a statewide recreational trail program.

The successful contractor must have the equipment and trained staff necessary to carry out the contract work, or a feasible, clearly defined, detailed plan to acquire the equipment and staff prior to September 1, 2024.

The successful contractor must have established relationships with public land managers and law enforcement agencies necessary to develop a comprehensive statewide Snowmobile Trail Program, or a feasible, clearly defined, detailed plan to establish those relationships prior to September 1, 2024.

2. Summary of market research:

ODOT has conducted 3 separate RFI’s over the last 5 years. In 2019 ODOT received response to the RFI that was posted. It was determined that neither RFI respondent had the adequate experience to manage the statewide snowmobile program; one respondent lacked experience in coordinating with law enforcement and land management agencies, and the other respondent lacked experience in the maintenance of snowmobile trails. There was another RFI conducted in 2022 and no responses were received. Additionally, another RFI was conducted in 2024, and no responses were received.

3. The reasons for a sole-source:

· Efficient use of existing goods or services requires compatible goods or services:

· Other findings that support the conclusion that the goods or services are available from only one source:

The services and work required by the contract are specialized in nature. ODOT is not aware of any other public agency or private landowner that contracts for similar work on the same scale or for similar coordination with law enforcement agencies or public land managers. The absence of interest by potential providers in the last two RFI’s is an indicator that there are currently no other providers available in Oregon to provide the same work and services to meet ODOT’s minimum requirements.

Due to the complexity and widespread nature of the required services and work, it is expected that a potential provider would likely need two years to establish effective working relationships with State and local law enforcement and public land managers, and to develop the program for its first year of service under a new contract. As described above, the market does not currently support a competitive proposal process for the services and work performed under the current contract.

ODOT believes that its publication of the experience requirements in previous Sole Source Public Notices posted in Oregon Procurement Information Network (ORPIN) and in conjunction with this current Sole Source Public Notice in OregonBuys will provide an opportunity for potentially interested parties to develop relevant experience which may make them competitive for a future solicitation for the services and work required for snowmobile program management. For that reason, ODOT intends to post another RFI one year prior to the contract that is awarded from this Sole Source’s expiration date. If there is no response to the RFI ODOT will extend the contract for another 10 years.

Sole-Source Determination and Findings; Supporting Document for DP-OPO-043; Version 1 (04/01/18)