SP_10700-122007_Amd-1_FireSprinklerSvcs_WSFPC PA_Approved.pdf

SP 10700-122007, Amd-1 Fire Protection Services Page 1 of 6 (Original SP 10700-64074) WSFPC – PA 107-3352-14

REQUEST FOR SPECIAL PROCUREMENT

No. 10700-00122007, Amendment No. 1

(Original SP 10700-64074)

PART A.

1. Requesting Agency Name: Oregon Department of Administrative Services (“DAS”), State

Procurement Services (“SPS”), on behalf of DAS Enterprise Asset Management (“EAM”)

2. Date of Request: March 11, 2025 3. Agency Number: 107123

4. Agency Contact Name: Nathan C. Ramos 5. Phone: (971) 707-0016

6. Type of Request: ___ Class Special Procurement X Contract-specific Special Procurement

7. Time Period Requested: From: April 9, 2025 To: December 31, 2025

8. Total Estimated Cost: $104,642

Note: With approval of this SP_Amd-1 and execution of the next PA Amendment No. 8:

• the cumulative Total Estimated Cost approved under the Special Procurement will be

$178,642.

• the cumulative Maximum Not-to-Exceed Compensation payable to Contractor under the PA

(the “NTE”) will be $543,639.

9. Title: Supplies and/or Services to be Acquired:

Fire Sprinkler Materials and Testing, Maintenance and Repair Services (Collectively “Services”) for the Salem, Portland, Eugene, and Wilsonville Areas. Services include but are not limited to:

• Fire sprinkler systems testing at required annual intervals.

• Testing all sprinkler systems flow and tamper switches.

• Testing and inspection of all fire pumps at the North Valley Complex.

• Server Room dry chemical fire suppression testing at Data Center Services.

• Repair of broken piping, sprinkler heads, and flow switches.

• Replacing batteries for backup systems, as required.

10. Request, Background, Current Need, and Proposed Contracting Procedure:

a. Request:

SPS, on behalf of DAS EAM, seeks approval of this Special Procurement No. REQ-10700-00122007, Amendment No. 1 (“SP_Amd-1”) to reinstate and amend Price Agreement No. 107-3352-14 (the “PA”) issued to Western States Fire Protection Company (“Contractor” or “WSFPC”) as follows:

1. Reinstate the PA in accordance with Oregon Administrative Rule (“OAR”) 125-246-0570, making the PA in full force and effect as of April 9, 2025.

2. Amend the PA to:

a. Extend the Term approximately six (6) months, through September 30, 2025. However, if a new contract or price agreement is not in place by September 30, 2025, SPS may amend the Term up to another three (3) months, through December 31, 2025.

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b. Increase the NTE an additional $104,642, which includes $34,642 to reconcile additional spending for the April 2024 – March 2025 ‘Time Period’ approved in the Original SP.

b. Background:

EAM’s Facility Maintenance Program oversees the operations and maintenance of certain life safety systems, including fire sprinkler systems, in multiple state-owned and state-leased buildings under its purview. To maintain optimal system performance and ensure compliance with all required fire codes, EAM procures daily, monthly, and annual Services under the PA.

PA 107-3352-14 History

• April 2014: The PA was established through Request for Proposals (“RFP”) #107-3287-14, with a Term up to 10-years, through March 31, 2024, and an NTE of $102,730.

• April 2024: SPS – on behalf of EAM – submitted Special Procurement No. REQ-10700- 00064074 (“Original SP”), attached hereto as ‘SP_Attachment-1’, requesting approval to reinstate and amend the PA as follows:

o Extend the Term one additional year, through March 31, 2025, to support completion of a new procurement process for Fire Sprinkler Testing, Inspection, Maintenance, and Repair Services.

o Increase the NTE up to $74,000 for a new cumulative NTE of $438,997.

The Original SP was approved April 11, 2024.

November 2024: SPS – on behalf of EAM – issued RFP No. S-10700-00009417 on OregonBuys soliciting Fire Sprinkler Testing, Inspection, Maintenance, and Repair Services. One responsive proposal was received and the Proposer was issued a Notice of Intent to Award. However, subsequent contract negotiations were not successful and SPS canceled the solicitation.

c. Current Need:

A second procurement (RFP) for Fire Sprinkler Services is currently in development and is expected to be posted on OregonBuys in Q3 2025 (est.), with a new contract or price agreement executed in Q4 2025 (est.). Since DAS EAM lacks internal resources with the necessary expertise to conduct annual testing, maintenance, and repairs of fire sprinkler systems, it is essential to keep the PA fully in effect until the next procurement is successfully completed.

The PA terminated on March 31, 2025, and must be reinstated and amended to extend the Term and increase the NTE as outlined in section 10.a above.

Table 10.c.1 below outlines the PA NTE history to-date and the forecasted spend (indicated in italics) through September 30, 2025.

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TABLE 10.c.1 PA 107-3352-14 NTE History & Forecasted Spend

Description PA Term NTE Running Total:

Salem

NTE Running Total:

Portland

NTE Runing Total:

Wilsonville

NTE Running Total:

Eugene

Cumulative

PA NTE

PA Executed 04/09/2014 – 04/09/2017 $78,695 $24,035 -- -- $102,730

PA Amendment No. 1 -- $85,655 $25,891 -- -- $111,546

PA Amendment No. 2 04/09/2017 – 04/09/2019 $123,694 $36,881 -- -- $160,575

PA Amendment No. 3 04/09/2019 – 03/31/2021 $163.826 $48,197 -- -- $212,023

PA Amendment No. 4 (Added Wilsonville Location)

-- -- -- $4,532 -- $216,555

PA Amendment No. 5 (Added Eugene Location)

03/31/2021 – 03/31/2023 $243,525 $70,765 $9,432 -- $329,794

PA Amendment No. 6 (Added Dome Building)

-- $247,400 -- -- -- $333,669

PA Amendment No. 7 03/31/2023 – 03/31/2024 $269,177 $77,128 No Testing in 2023 due to construction

$9,260 $364,997

PA Amendment No. 8 (SP 10700-64074 – Original SP)

04/01/2024 – 03/31/2025 $63,816 $39,076 $2,572 $3,178 $473,639

PA Amendment No. 9 (SP 10700-122007, Amd-1)

04/01/2025 – 09/30/2025 $20,000 $20,000 $15,000 $15,000 $543,639

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d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, SPS will issue a public notice

(the “Notice”) on OregonBuys for seven (7) calendar days, advertising the approval of this SP_Amd-1.

2. The Notice will include provisions that any affected party may protest the approval of this SP_Amd-1.

3. DAS will respond to and resolve all protests, if any.

4. If no protests to this SP_Amd-1 are received or sustained, SPS will proceed with reinstating and amending the PA as set out in section 10.a above.

5. Pursuant to OAR 137-045-0015, SPS – on behalf of EAM – will work with Oregon Department of

Justice (“DOJ”) and obtain its legal sufficiency approval before amending the PA as outlined in section 10.a, if required.

11. Justification for use of Special Procurement:

• After the Original SP (SP_Attachment-1) was approved and SPS executed PA Amendment No. 8, the PA became authorized within the provisions of the SP. Consequently, any amendments to the PA outside of the approved Original SP – whether for additional time, Services, or related costs - must first be requested and approved by DAS through an amendment to the SP.

• As provided in the Original SP, a new procurement for Fire Sprinkler Services was to be undertaken during the approved Time Period (April 1, 2024 – March 31, 2025) to establish a new contract or price agreement.

o November 2024: SPS issued RFP No. S-10700-00009417. The procurement was not successful and SPS cancelled the RFP.

o A second procurement (RFP) for Fire Sprinkler Services is currently in development and is expected to be posted on OregonBuys in Q3 2025 (est.), with a new contract or price agreement executed in Q4 2025 (est.).

To ensure EAM’s compliance with all fire code requirements, safeguard building staff and visitors, and protect state property, it is essential that EAM maintains uninterrupted access to the Services under the PA until the second procurement is completed.

12. Findings to Satisfy the Required Standards: This proposed special procurement:

__X__ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

This SP_Amd-1 request to reinstate and amend the PA issued to WSFPC to extend its Term for a modest 6 - 9 months will support the second ‘Fire Sprinkler Services’ procurement currently being developed by SPS and

EAM.

• The RFP will be issued in Q3 2025 (est.).

• The RFP will be issued on OregonBuys, which currently holds a roster of 32,975 vendors.

• The RFP will be drafted to encourage competition to the extent available.

• All providers of the requisite Fire Sprinkler Services will have the opportunity to compete for an single contract or price agreement award, with a potential term of up to 10-years.

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_____ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

__X__ (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because:

These statutes (ORS 279B.055 – 279B.070) set forth the laws applying to Small, Intermediate, and competitive sealed (aka ‘formal’) procurements. The upcoming (second) procurement for Fire Sprinkler Services will follow the guidelines set forth in ORS 279B.060. However, this SP_Amd-1 seeks approval to reinstate and amend the Original SP and associated PA, which can only be requested and approved through a Special procurement under ORS 279B.085.

Approval of this SP_Amd-1 will:

• Ensure EAM’s continued access to WSFPC’s Services under the PA for up to nine (9) additional months, through December 2025, while a second ‘Fire Sprinkler Services’ procurement is conducted.

• Help to:

o Protect the staff, occupants, and visitors of the 21 affected buildings.

o Minimize or prevent damage to state property.

o Support EAM’s compliance with all required fire codes and reduce the state’s exposure to litigation.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request if it is submitted through OregonBuys. Agency may elect to attach a signed Request.

Signature: e.g. Electronically in OregonBuys _________________ Type Name: Date:

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PART B.

STATUTORY AND RULE AUTHORITY:

ORS 279B.085(2) states the Director of the Department of Administrative Services may approve a special procurement if the Director finds that a written request submitted under ORS 279B.085(4) demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the Director will:

(a) Be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) Result in substantial cost savings to the contracting agency or to the public; or

(B) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055, 279B.060, 279B.065 or 279B.070 or under any rules adopted thereunder.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to approve special procurements to the State Chief Procurement Officer. OAR 125-247-0285 through 125- 247-0288 implement ORS 279B.085.

OAR 125-247-0700(2) Protests and Judicial Review of Special Procurements designates the State Chief Procurement Officer as the Contract Review Authority.

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

CONDITIONS OF APPROVAL:

1. Notice Period. The Authorized Agency shall post the Public Notice on OregonBuys. The Special Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0287(4), and either:

a. No Written protests are received by the Contract Review Authority, State Chief Procurement Officer, from an Affected Person in response to the notice, or

b. If any protest is received during the notice period, then not until:

i. the State Chief Procurement Officer or delegate issues a written disposition of the protest in accordance with ORS 279B.400 and OAR 125-247-0700 and OAR 137-047-0700, and

ii. confirms in writing the first possible date of use of the Special Procurement.

2. ORS 279A.165 Requirements. Agency shall comply with the requirements of ORS 279A.165 and OAR 125-247-0287(12) regarding a report about this Special Procurement. Agency shall use a form and follow the instructions provided by the State Chief Procurement Officer or delegate.

3. Upon completion of the Notice (section 1), the DAS PPO’s approval applies retroactively to April 9, 2025.

APPROVED:

Jay Jackson, Procurement Policy Officer Date Department of Administrative Services

04/15/2025