Sole Source S-44300-00002406.pdf

CSTAT 5394

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES

Date: 3/11/2022

Sole source number: S-44300-00002406

To: Kirk N. Rhoades, Designated Procurement Officer

DHS Office of Contracts & Procurement

Requestor: Joanna Whitmore

Agency/division: OHA / Public Health, herein after referred to as “Agency”

Program/office: HST / CAREAssist

Contract specialist: Geneva Degner

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $23,000.00

Description of goods or services: Expansion for greater capacity of existing Spacesaver

High Density Mobile Storage System.

1. Background: This sole source justification applies to the purchase of:

The Agency intends to issue a Purchase Order (PO) to Spacesaver Specialists, Inc. for the expansion of their current Spacesaver High Density Mobile Storage System.

There may be other expansions, moves or reconfigurations of the Agency’s system in the future, though none are anticipated at this time.

Spacesaver Specialists, Inc. will move the existing static row and add approximately

5.5' of new rail and deck, add 2 new carriages and shelving matching existing shelving details and panels, and check the floor loading with the building owner. A

Spacesaver engineer shall complete the floor load and seismic anchor analysis as needed. Cost includes estimated permit and administrative fees.

The current existing Spacesaver system installed for client records no longer has sufficient capacity to accommodate additional records. Spacesaver Specialists, Inc is the only company authorized to sell, install and service Spacesaver Systems in the

State of Oregon.

2. Prospective contractor/vendor:

Legal entity name: Spacesaver Specialists, Inc.

DBA:

Address: 9730 SW Herman Rd., Tualatin, OR 97062

Contact person: Matt Reader

Phone: 503-612-2611

Email: matt@storageplanning.com

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted in OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services

Office of Contracts and Procurement

ATTN: Geneva Degner

Address: 635 Capitol St NE, Suite 350, Salem, OR 97301-2532

Phone: 971-208-4110 Fax: 503-378-4324

Email: geneva.f.degner@dhsoha.state.or.us

Agency reserves the right to purchase additional goods and services under this Sole

Source including, but not limited to, additional costs for any future expansions, relocation, parts, maintenance and repairs beyond the initial award of the PO contract.

3. Written findings of fact (market research):

The findings below must include factual information supporting the determination that meet the sole source requirement in statute.

Pursuant to ORS 279B.075, Agency must conduct market research that supports the assertion that there is only one source that can provide the goods or services. Market research includes utilization of the internet, trade journals, agency vendor lists, professional organizations, studies, catalogs/industrial periodicals, vendor sources, yellow pages, etc.

For Information Technology Contracts any ownership or proprietary issues should be fully addressed and there must be written documentation to support facts.

Agency must select at least one of the findings and prepare the determination as it specifically relates to the good or service being procured. More than one finding can be addressed. The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

Spacesaver Corporation distributes its products through a network of Area

Contractors (authorized dealers). North America is divided by States and

Providences into exclusive geographical Contractor territories which form a network of companies who can sell, service, and install Spacesaver Systems.

Market research revealed a company who sells, services, and installs the Spacesaver

System but only in its exclusive geographical areas of Texas, Oklahoma, Kansas, Arkansas, and parts of Missouri and Mississippi. This same company also represents Spacesaver in Washington (with the exception for Clark County

Washington), Idaho, Montana, and Alaska however, this company is not authorized to sell, service, and install Spacesaver Systems in the Oregon territory.

Spacesaver Corporation specifies that all installations must be performed by factory trained and certified technicians.

This market research supports that expanding the existing system requires the parts, components, installation and service must be through Spacesaver Specialists, Inc., who is the only company authorized by the manufacturer to do so in Oregon.

or

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

Exchange of software or data is not applicable to this sole source notice.

or

Pursuant to ORS 279B.075 (2)(c): Provide findings supporting the determination that the goods or services are for use in a pilot or an experimental project.

These goods and services are not for a pilot or experimental project.

or

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

The goods and services under this Sole Source memo are not available under DAS statewide price agreements, inmate labor, surplus, or any OregonForward program

Contractor.

The Spacesaver Corporation has provided a letter specifically naming Spacesaver

Specialists Inc. as the only Spacesaver Authorized Dealer who can sell, service, and install Spacesaver High Density Mobile Storage Systems in the state of Oregon.

Letter attached hereto.

APPROVED:

By:

Signed by DPO electronically via OregonBuys

Kirk N. Rhoades or acting DPO

BRAND NAME DETERMINATION:

If a brand name is involved, Agency must also satisfy the requirements of OAR 125-247-

0691 by completing Attachment 1.

ATTACHMENT 1

DETERMINATION OF BRAND NAME SPECIFICATION

Requestor: Joanna Whitmore

Agency/division: OHA / Public Health, herein after referred to as “Agency”

Program/office: HST / CAREAssist

Agency Brand name statute/rule: Brand name authority:

OHA ORS 279B.215 ORS 413.033

1. Brand name to be acquired:

Legal entity name: Spacesaver Specialists, Inc.

DBA:

Address: 9730 SW Herman Rd., Tualatin, OR 97062

Contact person: Matt Reader

Phone: 503-612-2611

Email: matt@storageplanning.com

2. Findings to satisfy required standards:

Use of a brand name specification is unlikely to encourage favoritism in the awarding of public contracts or substantially diminish competition for public contracts because: N/A or

Use of a brand name specification would result in substantial cost savings to the agency or the public because: N/A or

There is only one manufacturer or seller of the product of the quality, performance or functionality required; because: N/A or

The efficient utilization of existing goods requires the acquisition of compatible goods or services because: The manufacturer requires the parts, components, installation and servicing of their products be obtained through the authorized dealer, Spacesaver Specialists, Inc., who is the only authorized dealer servicing

Oregon.

FINDINGS

The findings are accepted, adopted, and incorporated by reference herein.