Sole Source TransACT 23-24 Final.pdf

SOLE SOURCE JUSTIFICATION FOR SUPPLIES

AND/OR SERVICES (WITHIN AGENCY AUTHORITY)

Date: January 12, 2024

MEMORANDUM FOR FILE

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 (ODE) finds a Sole Source Contract is necessary to efficiently acquire services to provide member districts with the resources needed to effectively communicate and comply with parent notification requirements for translation mandated by the Office for Civil Rights and No Child Left Behind (now Every Student Succeeds Act or ESSA) – Title I, II, IX, X, FERPA and PPRA).

Authority for Agency to enter into a Sole Source Contract: ORS 279A.050(6)(L), (m)

279A.050 Procurement authority.

(L) The Department of Education, subject to any applicable provisions of ORS 329.075 (Statewide implementation), 329.085 (Assessment of schools and school districts required) and 329.485 (Statewide assessment system) and the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802), to procure or supervise the procurement of goods, services, personal services and information technology related to student assessment; and

(m.)Any state agency to conduct a procurement when the agency is specifically authorized by any provision of law other than the Public Contracting Code to enter into a contract.

Background:

ODE is preparing to renew its contract/subscription with TransACT Communications, Inc. (TransACT) for the 2023-2024 school year. TransACT has been in business since 1994, providing a comprehensive set of legally-reviewed forms and notices in a wide range of language to assist educational institutions to achieve compliance with complex parent notification requirements.

Partnering with ODE since August 2005, TransACT is a full-service, online parent notification compliance solution that includes copyrighted content, integrated management system, expert guidance, document management, professional translation and routine updates to keep content current. The subscription includes an unlimited use license for all school and education service district employees in the state of Oregon.

TransACT maintains copyright of the GenEd and ESSA parent notifications in English and translated languages. The "terms of use" address this copyright. However, any original content developed by ODE and added to the TransACT Compliance and Communication Center remains the property of ODE.

This online service includes:

https://www.oregonlaws.org/ors/329.075 https://www.oregonlaws.org/ors/329.075 https://www.oregonlaws.org/ors/329.075 https://www.oregonlaws.org/ors/329.075 https://www.oregonlaws.org/ors/329.485 https://www.oregonlaws.org/ors/329.485 https://www.oregonlaws.org/ors/329.485

1. Gen Ed Parent Notifications – More than 100 school forms, notices, and letters translated into more than 21 languages.

2. ESSA Parent Notifications – More than 80 notices supporting ESSA parent communication mandates as well as comprehensive suite of online reporting tools for state personnel to monitor parent notification progress. Notices are available in Spanish, Arabic, Chinese, Hmong, Russian, and Vietnamese and can through database integration be personalized for each unique school district.

3. EduPortal eLibrary – A state specific resource folder containing documents uploaded by ODE.

Oregon has 202 Local Education Agencies or LEAs (charter, private, and state schools) and 20 Education Service Districts (ESD) which are accessing TransACT's services. In the last year, over 10,000 documents have been downloaded (divided evenly between ESEA and GenEd), with approximately 20 percent translated into other languages (including Spanish, Russian, Vietnamese, Lao, and Somali.)

Estimated cost for renewing our one (1) year subscription is $140,000.00. ODE anticipates continuing to renew this contract on a yearly basis until the five year expiration date has expired, which is this year.

Market Research Findings Pursuant to ORS279B.075:

1. Attendance at educational vendor marketplaces found no comparative product.

2. Research of the internet yielded no identical products; few products that provide one or more elements that are similar to TransACT, including:

• Newsletters to update or instruct on ESSA.

• Sites with all the ESSA forms ready for download

• Software that allows LEAs to personalize ESSA documents and forms Software that will assist in translation

• Services with real translators

3. Discussion/networking with peers - no knowledge of similar products which include (as TransACT does):

• Both ESSA and General Education docs and forms translations into multiple languages

• Ability to personalize Tracking of Use

• Ability to post Oregon forms (generated by ODE)

The Contracting Officer makes the following determinations:

Pursuant to ORS 279B.075(2)(a) and (b):

1. The goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

2. There is no other company that offers a web-based service that competes with the TransACT Compliance and Communication Center in form, function, languages and content.

• Form: a web-based portal with login and specific user permissions. All documents, guidance, ActPoint RoadMaps and translations are available to every user in the state. Reporting to ODE is also included for accountability. The integrated Summary, Checklist and Timelines is used to document the user-process for ESEA compliance.

• Function: Offers a point and click, online system using no software downloads. All fonts are embedded in the document so that non-English fonts are not required for end users. The system is hosted by TransACT, providing 99.999 percent uptime, the industry standard for excellence.

• Languages: In a single online site, professionally translated, typeset, desktop published forms, letters and notices are available for end users. Electronic translating is never used in the TransACT site, everything is translated by professionals. All documents are edited for accuracy, consistency and readability. The 21 standard languages in the GenEd collection provide priority and low-incidence language support.

• Content: The ESSA parent notification collection has been legally reviewed and consistently gets highest marks from state departments of education around the country. The content was also reviewed in-depth by ODE staff for accuracy and alignment with state guidance. The document collection includes more the 200 up-to• date notices that are constantly updated by the TransACT team for alignment with federal requirements.

Pursuant to ORS 279B.075(2)(d), he Oregon Department of Education has made reasonable effort to ensure competition for this Sole Source procurement, through the use of research for vendors with similar products online, at vendor's marketplaces/sources, and through networking with peers across the nation.

The resulting contract will be in the amount of $140,000.00 and will be issued according to authority of OAR 125-247-0275 with reasonable effort made to ensure competition.

Liz Ross, Director of Federal Systems

Sonja Svenson, Senior Contracting Officer

Julia Alpernas, Designated Procurement Officer ODE Procurement Services

January 16, 2024

January 16, 2024

January 16, 2024