Sole Source_Marzano Resources_executed.pdf

SOLE SOURCE JUSTIFICATION FOR SUPPLIES AND/OR SERVICES

Date: 3/14/22

MEMORANDUM FOR FILE

Any entity wishing to protest this sole source procurement must do so prior to 5:00 PM, March 22, 2022.

All protests must be in accordance with the requirements of ORS 279B.410 to be considered:

1. A detailed statement of the legal and factual grounds for the protest;

2. A description of the resulting harm to the affected person;

3. The relief requested;

4. Reference to the Sole Source Number;

5. Must be signed by an authorized representative, and

6. Must be delivered via email to Renee House at renee.house@ode.oregon.gov

The Agency will not consider any protests that are received after this deadline or are not in accordance with ORS 279B.410.

Authority:

Sole Source Justification pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275, the Oregon Department of Education finds a Sole Source Contract is necessary to efficiently acquire services for proficiency scale templates to supplement unit planning to address learning loss for their students. These learning progressions are ready for teachers to use in the classroom right now and are carefully crafted proficiency scales enable teachers to communicate with students and parents about what students know, what they need to learn next, and what they’ve already mastered, using one simple, easy-to-explain document.

Authority for Agency to enter into a Sole Source Contract:

The Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA Act) authorizes Oregon, through the Governor’s Emergency Education Relief (GEER II) Fund to provide support to Non-Public Schools. he Emergency Assistance for Non-Public Schools (EANS) and authorizes the Oregon Department of Education (ODE) to provide services or assistance to eligible non-public schools to address the impact that COVID-19 has had, and continues to have, on non-public school students and teachers. Services to non-public schools that enroll low-income students and are most impacted by the pandemic will be prioritized.

OAR 125-246-0170(2)(c)(H).

Background:

Schools using the Emergency Assistance for Non-public Schools (EANS) program would like to use their funding to purchase proficiency scale templates to supplement unit planning to address learning loss for their students. Marzano Resources offers these resources and no other vendor is able to provide the same goods and service.

Agency is preparing to purchase Marzano Resources proficiency scale templates to supplement unit planning to address learning loss for their students. It is the Agency’s intent to start purchasing on mailto:renee.house@ode.oregon.gov

Sole Source Justification – Within Agency Authority - Format approved 12/20/07, NC behalf of EANS through a Purchase Order Contract or Purchase Order Contract(s). This sole source justification applies to the purchase of proficiency scale templates such as:

• Original Critical Concepts: In these proficiency scales, the simpler (2.0) content represents a list of possible vocabulary terms and elements that students might be expected to master as they work toward the target (3.0) elements. Educators should customize these proficiency scales by selecting the most important vocabulary terms and elements at the simpler (2.0) level. These should be vocabulary terms and elements that they intend to directly teach and assess; we recommend selecting approximately three to five elements for each target-level element, along with appropriate vocabulary terms.

• Customized Critical Concepts: To facilitate immediate use by educators, Marzano Resources analysts have performed the customization typically completed by schools and districts who purchase the Critical Concepts. A customized scale includes only the vocabulary terms and simpler elements that educators intend to directly teach and assess. Customization might have involved deleting vocabulary terms or elements, altering the content of existing elements, or adding additional vocabulary terms and elements. This version includes both the original and customized versions of each Critical Concepts proficiency scale, with customization decisions clearly marked.

• Single-Target Customized Critical Concepts: In this version, each customized scale that included two or more target elements has been split into multiple scales, with each target element and its associated simpler content forming a new, independent scale. Single-target scales enable educators to measure student learning at a more granular level. Each of the new scales has been assigned a more specific measurement topic title and the more complex (4.0) elements have been replaced with generic statements of performance.

The estimated cost may exceed $60,000 but will not exceed $150,000. There are a schools currently interested in this to address learning loss for their students that are intermediate procurement.

Market Research Findings Pursuant to ORS279B.075:

The Contracting Officer makes the following determinations:

a. Pursuant to ORS 279B.075(2)(a): - It is unlikely that such a Sole Source contract will substantially diminish competition as the efficient utilization of existing goods requires the acquisition of compatible goods or services;

Market research was conducted online and there was only one source that can provide these goods or services

b. Pursuant to ORS 279B.075(2)(b):The goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

Not applicable

c. Pursuant to ORS 279B.075(2)(c):The goods or services are for use in a pilot or an experimental project.

Not applicable

d. Pursuant to ORS 279B.075(2)(d): Additional findings that support the conclusion that the goods or services are available from only one source.

The Oregon Department of Education has made reasonable effort to ensure competition for this Sole Source procurement, through the use of looking at what other vendors offer online.

Sole Source Justification – Within Agency Authority - Format approved 12/20/07, NC

The resulting contract will initially be in the amount of $60,000 and will be issued according to authority of OAR 125-247-0275 with reasonable effort made to ensure competition.

__Krista Whitney___________ Contract Administrator and Program Manager

__Renée House_____________ Contracting Officer

Julia Alpernas Interim Director of Procurement Oregon Department of Education, Procurement Services Unit