Sole Source Justification_FINAL.pdf

Updated 9/17/2014

To:

From:

Date:

Re:

SOLE SOURCE JUSTIFICATION

Julia Alpernas, Director of Procurement Services Mandee Wilding, Contracts Officer May 24, 2022 Sole Source Determination

Authority to enter into a Sole-Source Contract: ORS 279B.075 and ORS 279A.050(6)(L) Project Name: State Direct Billing Agreement for Advanced Placement® Exams Estimated Value of Contract: $1,250,000 per year

Background: The College Board is a mission-driven not-for-profit organization that connects students to college success and opportunity. Each year, the College Board helps more than seven million students prepare for a successful transition to college through programs and services in college readiness and college success including the Scholastic Aptitude Test (SAT), the Advanced Placement (AP) Program, and Big Future.

The AP Program benefits students in several important ways when they reach college: AP students are more likely to graduate from college in four (4) years - students who take longer to graduate at public colleges and universities can spend up to and/or in excess of $19,000 for each additional year. The AP Program helps students qualify for scholarships and colleges and universities look at AP experience when determining scholarships. The AP exam gives students the chance to earn college credit and placement and to tackle college-level work while still in high school.

Pursuant to ORS 340.300, school districts are to provide students in grades 9 through 12 with accelerated credit programs including, but not limited to, accelerated college credit programs related to language arts, mathematics, and science. To accelerate learning and promote equity for Oregon’s students, the Oregon State Legislature has provided funding to reduce students’ costs in taking Advanced Placement and International Baccalaureate exams. ODE receives funding in the Accelerated College Credit account (ORS 340.330) established in the State Treasury for this purpose. Historically ODE has reimbursed school districts directly from this account. Since 2013, ODE has entered into a direct bill agreement with the College Board to pay a portion of the exam fees which lessens the administrative burden of processing hundreds of reimbursements to the school districts directly. Through the direct bill agreement, the College Board bills ODE based on the number of standard fee exams and fee-reduced exams actually administered, as determined by the applicable schools AP coordinator in the AP registration ordering system.

Findings: Pursuant to ORS 279B.075(2)(a) and (2)(d), the AP® exam, is at all times exclusively owned by the College Board, who is the exclusive owner of all rights therein, including, without limitation, all copyrights, trademarks, trade secrets, patents, and other similar proprietary rights.

Updated 9/17/2014

ODE has made reasonable effort to ensure competition for this Sole Source procurement, through the use of the OregonBuys procurement system providing notification of ODE’s intent to enter into a Sole Source contract with the College Board;

this process allows for protest.

ODE intends to enter into direct bill agreements with the College Board annually.

Contract Administrator: Kristidel McGregor, Teaching, Learning, & Assessment

Sole Source Approval:

Approved by:

Julia Alpernas Date

5/24/2022