S-DASOBO-00000261_Final.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. S-DASOBO-00000261

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

1. Requesting Agency Name: The Department of Administrative Services, Procurement Services (DAS PS) on behalf of DAS and the Office of Emergency Management (OEM)

2. Date of Request: July 16, 2021 3. Agency Number: 107090

4. Agency Contact Name: Rachel Smith 5. Phone: (971) 707-0263

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

7. Time Period Requested: From: October 31, 2021 To: December 31, 2022

8. Total Estimated Cost: $150,000

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

Continuity of Operations (COOP) Software Enterprise license renewal and extension

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

a. Request:

DAS PS, on behalf of DAS and OEM, requests approval of this Special Procurement (SP) No. S- DASOBO-00000261 to extend Price Agreement (PA) No. 5776 with BOLDplanning, Inc., until December 31, 2022, allowing time to obtain a replacement software solution either from an existing source, state price agreement or to complete a competitive solicitation.

b. Background:

Continuity of operations (COOP) planning is a basic program element of emergency management at all levels of government. In order to effectively protect people, property, and the environment during emergency incidents and natural disaster events, emergency management agencies must ensure continued operation of critical functions and public services during those events. This requires detailed advance planning to be conducted both within the agency and in cooperation with many partner entities.

Oregon law makes the Office of Emergency Management (OEM) responsible for coordinating planning, preparedness, and response activities with state and local emergency services agencies and organizations.

Further, cities and counties are required to coordinate emergency management planning activities with OEM. Additionally, state agencies are required by policy to develop, implement, test, and maintain continuity plans (Oregon Revised Statutes 401.052 and 401.305, Department of Administrative Services Policy 107-001-010). The State currently obtains COOP software through the current price agreement with BOLDplanning, Inc. This PA was the result of a competitive Request for Proposals (RFP) No.

DASPS-1110-15, issued July 2, 2015. The PA has been in place since December 23, 2015. There were no protests to the RFP or the award. Due to a restatement of the PA, the software license funded by OEM and purchased via their Work Order Contract (WOC) includes an enterprise wide level access to the basic COOP planning software and is paid for under that WOC. This is a hybrid agreement, with DAS and OEM collaborating to provide an enterprise-wide access to the software.

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c. Current Need:

The table below reflects the Total Estimated spend over the requested Period of Performance:

OEM WOC for Enterprise License Year Amount

OMD #16-003 2016-2017 $150,000

OMD #16-003 Amd 1 2017-2018 $150,000 OMD #16-003 Amd 2 2018-2019 $150,000 Amd 3 2019-2020 $150,000 Amd 4 2020-2021 $150,000 Requested extension 2021-2022 $150,000

d. Proposed Contracting Procedure:

• DAS PS will issue a public notice regarding approval of the SP on the State of Oregon’s eProcurement website, OregonBuys, as required by Oregon Administrative Rule (OAR) 125-247-0287 for a period of seven (7) calendar days.

• The notice will include provisions that any affected person(s) may protest approval of the SP.

• DAS PS will respond to and resolve any protest(s) of the Special Procurement, if any.

• If no protests to this SP are received and sustained, DAS PS will move forward with amending PA No.

5776 to extend the expiration date to December 31, 2022 and increase maximum compensation accordingly.

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

The State of Oregon utilizes the COOP software for its emergency planning and it would be detrimental to the state’s emergency preparedness to lose COOP plans within the current system without a replacement in place to transfer plan data into.

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:

The BOLDplanning PA was the result of a competitive solicitation and there were no other proposers at that time.

and

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

or

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__X__ (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:

The State of Oregon utilizes the COOP software for its emergency planning and it would be detrimental to the state’s emergency preparedness to lose COOP plans within the current system without a replacement in place to transfer plan data into.

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) 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 shall comply with all Enterprise Information Services (EIS) conditions and requirements prior to execution of any contracts or amendments and will obtain Department of Justice (DOJ) legal sufficiency review and approval, as may be required.

APPROVED:

Debbie Dennis, State Chief Procurement Officer, Date:

Department of Administrative Services

09/17/21