SP_10700-69213_Amd-2_GreenJanitorial(NASPO)PAs_Approved.pdf

SP_10700-00069213, Amendment #2_Green Janitorial Supplies, Products, Equipment Page 1 of 5 (Original SP-1299-21; Amd-1 SP-10700-00035551)

REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-00069213 (Original SP-1299-21; SP Amendment-1 10700-00035551)

Amendment No. 2

PART A. Requesting Agency must complete Items 1 through 13.

1. Requesting Agency Name: Oregon Department of Administrative Services, Enterprise Goods and

Services, Procurement Services (“DAS PS”)

2. Date of Request: March 27, 2024 3. Agency Number: 107090

4. Agency Contact Name: Keri Ashford 5. Phone: (971) 349-2399

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

7. Amendment Time Period Requested: From: July 1, 2024 To: June 30, 2025

8. Total Estimated Cost for Amendment Time Period: $5,000,000

Note: The Total Estimated Cost approved in original SP-1299-21 is $10,000,000. The Total

Estimated Cost approved in SP Amendment #1, is $5,000,000. With approval of this SP Amendment

#2, the Total Estimated Cost will be $20,000,000 collectively.

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

Environmentally preferable (“Green”) janitorial supplies, industrial paper products, and equipment

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

a. Amendment Request:

DAS PS requests approval of this Special Procurement (“SP”) #REQ-10700-00069213, Amendment

#2 (“Amd-2”) to extend the Term of the following Price Agreements (the “PAs”) one year, through

June 30, 2025.

Table 10.a.1

Price Agreement Number Price Agreement Holder

3401 Staples Contract & Commercial LLC

3402 Waxie’s Enterprises, Inc.

PO-10700-00005744

(formerly 9275)

HD Supply

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b. Background:

The PAs were established in 2013 for the following products and services categories:

1. Cleaning and Building Maintenance Chemicals

2. Hand Soaps and Hand Sanitizers

3. Waste Can Liners

4. Disposable Janitorial Paper Products

5. General Cleaning Supplies & Related Custodial Equipment

6. Powered Janitorial Equipment

7. Disposable Food Service Ware

The PAs were issued for a maximum Term of 8-years, through June 30, 2021.

• May 2021: Original SP-1299-21, attached hereto as ‘SP_Attachment-1’, approved a 2-year Term extension of the PAs through June 30, 2023, to support a new procurement in development at that time.

• March 2023: SP 10700-35551, Amendment #1 to SP-1299-21, attached hereto as

‘SP_Attachment-2’, approved a 1-year Term extension of the PAs through June 30, 2024, to accommodate delays experienced during the development of the new procurement.

• August 2023: The Lead State (Oregon), acting through DAS PS, issued RFP # S-10700-

00007739 (the new procurement) on OregonBuys.

• January 2024: DAS PS received numerous protests in response to its Notice of Intent to Award resulting from RFP # S-10700-00007739 and one of the protestors filed suit after DAS PS denied its protest. The RFP was subsequently cancelled.

• February 2024: Lead State duties for the new solicitation and award of Master Agreements

(“MAs”) were transferred to the Commonwealth of Kentucky.

o A new RFP for MRO Industrial Equipment and Supplies including Green janitorial supplies, industrial paper products, and equipment was released in March and is scheduled to close on April 24, 2024.

o Once the RFP has closed, the State of Kentucky will need sufficient time to evaluate proposals, issue awards and negotiate new Master Agreements. In addition, once the

Master Agreements are effective, Participating Entities will need time to negotiate participating addenda under the master agreements.

For additional historical and background information see SP_Attachment-1 and SP_Attachment-2.

c. Current Need:

The market for MRO Industrial Equipment and Supplies (including Green janitorial supplies, industrial paper products, and equipment) remains in a state of flux due to COVID-19 pandemic repercussions and various manufacturer shortages including labor and materials. This SP Request seeks additional time for the Lead State (Commonwealth of Kentucky) to complete all procurement activities currently underway, including the rigorous NASPO ValuePoint Board Approval Process, negotiations, and execution of new MAs and Participating Addenda.

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A 1-year term extension to the PAs listed in Table 10.a.1 (above) will ensure Authorized Purchasers have continued access to environmentally preferable janitorial supplies, industrial paper products and equipment without interruption.

d. Proposed Contracting Procedure:

DAS PS will use the following process:

1. DAS PS will issue a public notice (“Notice”) regarding approval of this SP Amd-2 for a period of 7 calendar days on OregonBuys as required by Oregon Administrative Rule (“OAR”) 125-

247-0287.

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

Amd-2.

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

4. If no protests are received and sustained, DAS PS will proceed with amending the PAs and extending their Terms through June 30, 2025.

11. Justification for use of Special Procurement: Describe the circumstances that justify the use of a

Special Procurement. Attach relevant documentation.

The procurement currently in process must be completed and a new set of MAs established for green janitorial supplies, products, and equipment before DAS PS can expire the (3) existing PAs listed in

Table 10.a.1 (above).

With approval of the original SP (SP_Attachment-1) and its Amendment #1 (SP_Attachment-2), and subsequent amendment of the PAs extending their Terms, the SP and the PAs became interconnected.

Therefore, the PAs cannot be amended for additional time beyond June 30, 2024, without first amending the SP for the same.

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:

The PAs, which resulted from an open and competitive procurement process, are still in effect through

June 30, 2024. This SP Amd-2 Request seeks the ability to extend the Terms of the PAs up to 12-months

(through June 30, 2025) to support NASPO ValuePoint™ Cooperative Purchasing Program members while the State of Kentucky completes its procurement currently underway and establishes new MAs for green janitorial supplies, industrial paper products, and equipment.

and

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

or

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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:

A Special Procurement is the only sourcing method available through which the existing (3) PAs can be amended to extend their Terms for one additional year.

The procurement currently underway by the (Lead) State of Kentucky has addressed the issues raised by vendors in response to Oregon’s failed procurement and the resulting MAs should better fit the needs of the NASPO ValuePoint™ Purchasing Program members. The new MAs should be established by June

30, 2025, or sooner.

The same facts and findings detailed in SP_Attachment-1 and SP_Attachment-2 still apply.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement

Officer) is not required on the Request submitted through OregonBuys. Agency may elect to attach a signed Request as a pdf file through OregonBuys or submit a signed hard copy Request.

Signature: e.g. Electronically in OregonBuys _________________

Name/Title: Date:

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PART B. The Department of Administrative Services completes 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.

APPROVED:

Jay Jackson, DAS Procurement Policy Officer Date

Department of Administrative Services

04/12/2024