Sole Source Justification.pdf

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

S-63400-00004858

To: State Chief Procurement Officer

Department of Administrative Services

From: Oregon Parks and Recreation Department

Designated Procurement Officer: Bill Beaty, DPO

Agency Analyst/Procurement Specialist: Bryant Hayes

Date: 11.2.2022

Re: Sole Source Determination pursuant to Oregon Revised Statutes (ORS) 279B.075, (ORS)

279A.050(6) and Oregon Administrative Rule (OAR) 137-047-0275.

Part A

1. Authority to enter into a Sole-Source Contract: OAR 137-047-0275

2. Estimated Total Value of Contract: $140,000

3. Subject of Contract: Verbal Judo Training

4. Background:

Department administrative rules authorize employees to request visitor compliance with park area rules.

Additionally, state law grants authority to selected employees who successfully complete course work in a citation authority school to issue written warnings and citations to park area rule violators. Oregon.

Parks and Recreation Dept. Park Area Rule Enforcement OP70-5., Mar. 20. 1992. ORS390.050 Park and recreation violations; enforcement; disposition of fines and costs.

OPRD adopted the Verbal Judo program in 2001 as a result of the shooting of two OPRD Rangers that resulted in the death of one of them. The tactical communication training, “Verbal Judo” has been incorporated into the OPRD Commissioned Enforcement Officer Academy Training Program, as well as taught to other non-commissioned field operational staff and volunteers. Oregon. Parks and Recreation

Dept./Professional Services Contract Verbal Judo Instructor Certification & Re-Certification #7186

2014, #7867 2017 and #8654 2020.

Verbal Judo (VJ) is a trademark program that establishes the standard for tactical communications with park visitors when park area rules may have been violated. The program focuses on safety for both the employee and the park visitor with the primary goal of generating voluntary compliance.

OPRD Commissioned Enforcement Officer Academy Training Programs purpose is to provide an integrated and unified training approach for OPRD employees required to obtain and maintain the

Commissioned Officer status. Commissioned and citation authority is contingent upon the successful completion of the Academy Training Program and participation with the annual officer refresher training. The VJ Instructors function is to develop and deliver training programs that meet the operational enforcement needs of the agency and establish a high standard of proficiency for

Commissioned Officer conduct. Oregon. Parks and Recreation Dept. OPRD Commissioned Enforcement

Officer Training Program OP20-11., Feb. 25 2009.

Staff commissioned to issue rule enforcement citations must complete the Professional Officer Safety

Training Academy (POST) training program, which teaches the knowledge and techniques needed to assure personal and visitor safety. POST is two weeks of intensive academic coursework and practical training that’s integrated into OPRD Commissioned Enforcement Office Academy Training Program.

OPRD has adopted certified training as the cornerstone of the officer training program used in POST, annual officer refresher programs, RECERT programs and basic VJ programs for non-commissioned officers.

Need:

It is necessary to continue this training to allow for certification of new employee instructors and the re-certification of employees who are currently certified and have been conducting training to OPRD staff and volunteers for the past three years.

The POST Academy two-week training program held for employees to obtain their commission and citation authority will be scheduled to meet the field operational staff needs and requirements of the agency. The Academy curriculum shall meet the overall enforcement need of the agency. At a minimum, the curriculum will give students the tools necessary to resolve park visitor and resource conflicts in a safe and positive manner. The basic training shall include the following topics: scope and tools of authority, park area rules, scene assessment, enforcement guidelines, basic VJ and proxemics, dealing with challenging behaviors, use of required forms, and advanced VJ.

The trademark VJ program is the cornerstone of the OPRD Commissioned Enforcement Officer

Training Program. To become a certified OPRD VJ instructor, the employee must attend and pass a 40-hour instructor training class from a certified Verbal Judo Institute, Inc. (VJI) instructor. The employee will then be certified to train for a three year period. The VJI requires the employees to only train other employees and volunteers of OPRD. OPRD will not conduct VJ training outside the agency, unless VJI has granted approval.

OPRD’s overall purpose is to ensure the public’s safety, protect state park facilities and natural features, and to provide an enjoyable experience at state park areas by using minimal level of enforcement actions to achieve visitor park area rule compliance.

This is a Sole Source procurement that is repeated every three years which certifies OPRD staff to train others within our agency using the VJ copyrighted material. The estimated not to exceed for this procurement is $140,000.

5. Findings:

The VJI’s copyright program is the only one of its type, which is why it is so successful in several countries. The concepts are specific, tested, and proven by thousands of officers across the country, and why it has been adopted by OPRD as the corner of our rule enforcement program as referenced in

OPRD Policy #OP-11.

Therefore, in consideration of the goals specifically identified, and for the sole benefit of OPRD and best interest of the State, procurement of the copyrighted information created, owned and managed goods and services by VJI is determined to be Sole Source procurement pursuant to ORS 279B.075.

Approved By: ____________________________________________________________________

Bill Beaty, Delegated Procurement Officer Date:11.2.22

Bill Beaty (Nov 2, 2022 11:17 PDT) Bill Beaty https://oregonparks.na2.echosign.com/verifier?tx=CBJCHBCAABAArunEq9ltUOyjTaZFxGqYDL5qKHD3Qoc_

Sole Source Vendor Letter

1. Is Verbal Judo only available from one vendor and how did you determine it was available from only one source?

The only vendor which teaches Verbal Judo is the Verbal Judo Institute, Inc. www.verbaljudo.com.

They hold the copyrights and trademarks to Verbal Judo Concepts and techniques. There is no other source for instruction in Verbal Judo as designed and developed by Dr. George J. Thompson.

The Verbal Judo Institute has a cadre of instructors who deliver their unique and proprietary material all over the globe.

2. Why is it the only one that will meet our needs?

For over 39 years, The Verbal Judo Institute, Inc. has been teaching organizations and individuals all over the world how to de-escalate tense encounters verbally. They show their students how to safely and efficiently gain voluntary compliance with poise and professionalism. This training is especially critical when dealing with the community and each other. They help staff implement verbal strategies which empower and respect all parties involved. Additionally, their concepts promote positive communications between team members and departments within the organization. Often negative incidents begin with verbal encounters gone wrong. One of the many benefits of Verbal Judo is, it increases personal safety by decreasing the likelihood of negative outcomes. If their training can avert one high profile event or lawsuit, it is more than worth the cost.

Verbal Judo is an integrated, proven and time-tested de-escalation system which ensures our staff has the de-escalation tools they need to better serve our community.

Verbal Judo Institute, Inc.

Excellence in Tactical Communication http://www.verbaljudo.com/ http://www.verbaljudo.com/