SP_10700-80555_CIEPlatform_Approved~2.pdf

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 1 of 9

REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-00080555

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

1. Requesting Agency Name: The Oregon Department of Administrative Services, Procurement Services (DAS PS) on behalf of State Agencies and Oregon Cooperative Procurement Program (OrCPP) Members

2. Date of Request: March 14, 2024 3. Agency Number: 10700

4. Agency Contact Name: Brad Wisniewski 5. Phone: (971) 707-1672

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

7. Time Period Requested: From: January 1, 2025 To: December 31, 2029

8. Total Estimated Cost: at least $21,000,000 The total estimated cost for Oregon Health Authority (OHA) and Oregon Department of Human Services (ODHS) to participate is $21,000,000. Costs to participate for other State Agencies and OrCPP Members is unknown.

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

Closed loop referral technology for social needs platform(s) and services that are actively used in Oregon, commonly referred to as Community Information Exchange (CIE).

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

a. Request:

DAS PS, on behalf of State Agencies and OrCPP Members, is requesting approval of this Special Procurement (SP) No. REQ-10700-0080555 to direct award and negotiate Price Agreement(s) (PA) with Solution Providers of closed loop referral technology for social needs that meet qualifying criteria as described in Section 10(d)(6) for up to five (5) years, ending on December 31, 2029. The cumulative not-to-exceed (NTE) estimated amount for OHA and ODHS is $21,000,000. The cumulative NTE amount for other State Agencies and OrCPP Members is unknown.

b. Background:

The Oregon Department of Administrative Services (DAS) is the central administrative agency of Oregon State Government. Its mission is to support state government in serving Oregonians. DAS endeavors to establish the benchmark for good government by delivering reliable service, accurate information, and creative solutions. DAS strives to lead State Agencies in advancing policy and budgetary goals.

CIE, referred to moving forward as closed loop referral technology for social needs, is a network of collaborative partners using technology to exchange information and connect people to the social services and supports they need. Closed loop referral technology for social needs includes technology for closed loop referrals, a shared searchable resource directory, and a consent process to use the technology from the person being connected to services. Closed loop referrals are utilized for multi-

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 2 of 9 directional exchange of information between and among organizations to make health-related social needs services referrals and communicate about the status of referrals for a person in need.

Closed loop referral technology for social needs helps support building a more equitable system by connecting health care and social services sectors across Oregon to address social determinants of health (SDOH) in communities impacted by historical and current structural disparities. SDOH are the conditions in the environments where people are born, live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks. SDOH have a major impact on people’s health, well-being, and quality of life. Examples of SDOH include safe housing, transportation, neighborhoods, racism, discrimination, violence, language and literacy skills, access to nutritious foods and physical activity opportunities, education, job opportunities, income, and polluted air and water.

When people's needs are met, such as housing, food, and transportation, health outcomes improve. Closed loop referral technology for social needs enables healthcare and social service organizations to coordinate more efficiently to address these needs and can help address health equity at multiple levels in Oregon.

The White House and the U.S. Department of Health and Human Services (HHS) released several resources to help support federal agencies, states, local and tribal governments to better coordinate health care, public health, and social services: the White House’s U.S. Playbook to Address Social Determinants of Health - PDF, HHS’s Call to Action to Address Health Related Social Needs, a Medicaid and CHIP Health-Related Social Needs Framework - PDF, and the Office of the National Coordinator for Health Information Technology’s SDOH Information Exchange Toolkit. A strategy outlined throughout these documents includes the use of closed loop referral technology to support SDOH needs.

People in need (may be referred to as clients) often work with multiple organizations, case managers, and providers to get their health and social needs met. Within a single time period they may interact with a school, county-level entities, state benefit programs, and health providers. As separate organizations work with the individual it is helpful for them to use closed loop referral technology for social needs to share referrals and the status of services which allows information to flow seamlessly and eliminate gaps between the multiple organizations helping people in need.

• When consent is given, users of the same platform who share a client can see information related to that person such as screenings, referrals, and services. There are exceptions for specially protected types of services (e.g., 42 CFR Part 2, domestic violence).

• Allowing multiple providers to share information about the person being served ensures that people are efficiently connected with the services and resources they need. This allows for improved information sharing and coordination across organizations, while reducing the burden on the person in need.

• Data captured and shared in the closed loop referral technology for social needs can lead to more efficient and accurate reporting and be used to identify resource gaps and inform policy decisions.

Oregon’s closed loop referral technology for social needs networks are presently growing, largely sponsored by Medicaid coordinated care organizations (CCOs), health systems, and health plans. These networks are increasing in value for communities as more organizations join and share information with each other. Currently, all sixteen (16) Medicaid CCOs in Oregon have adopted one of two Solution Providers of closed loop referral technology for social needs — Unite Us (branded as Connect Oregon) https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3LndoaXRlaG91c2UuZ292L3dwLWNvbnRlbnQvdXBsb2Fkcy8yMDIzLzExL1NET0gtUGxheWJvb2stMy5wZGYiLCJidWxsZXRpbl9pZCI6IjIwMjMxMTE3Ljg1ODExMTAxIn0.Bq-qxhb_2Z2hF3izdkQFU6mSkhTlG9AdCS9anq936i0/s/2992910592/br/231068072244-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3LndoaXRlaG91c2UuZ292L3dwLWNvbnRlbnQvdXBsb2Fkcy8yMDIzLzExL1NET0gtUGxheWJvb2stMy5wZGYiLCJidWxsZXRpbl9pZCI6IjIwMjMxMTE3Ljg1ODExMTAxIn0.Bq-qxhb_2Z2hF3izdkQFU6mSkhTlG9AdCS9anq936i0/s/2992910592/br/231068072244-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vYXNwZS5oaHMuZ292L3JlcG9ydHMvaGhzLWNhbGwtYWN0aW9uIiwiYnVsbGV0aW5faWQiOiIyMDIzMTExNy44NTgxMTEwMSJ9.zJXBPBEyyVl_96eHPTgW3tOcs9xVvmheSU_luhH0alc/s/2992910592/br/231068072244-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3Lm1lZGljYWlkLmdvdi9zaXRlcy9kZWZhdWx0L2ZpbGVzLzIwMjMtMTEvaHJzbi1jb3ZlcmFnZS10YWJsZS5wZGYiLCJidWxsZXRpbl9pZCI6IjIwMjMxMTE3Ljg1ODExMTAxIn0.MYv9CkK3teuf4JITwkP5sCe_DQXoKvQdGZ3jLfEnEOw/s/2992910592/br/231068072244-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3Lm1lZGljYWlkLmdvdi9zaXRlcy9kZWZhdWx0L2ZpbGVzLzIwMjMtMTEvaHJzbi1jb3ZlcmFnZS10YWJsZS5wZGYiLCJidWxsZXRpbl9pZCI6IjIwMjMxMTE3Ljg1ODExMTAxIn0.MYv9CkK3teuf4JITwkP5sCe_DQXoKvQdGZ3jLfEnEOw/s/2992910592/br/231068072244-l https://www.healthit.gov/sites/default/files/2023-02/Social%20Determinants%20of%20Health%20Information%20Exchange%20Toolkit%202023_508.pdf

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 3 of 9 and findhelp. Fifteen CCOs sponsor Unite Us, while one CCO sponsors findhelp for their communities.

Community sponsorship allows Tribes, CBOs, and some county programs to participate for free. The Nine Federally Recognized Tribes of Oregon, Indian Health Care Providers, State Agencies, local governmental entities and public health authorities, schools, CBOs, health clinics, health systems and payers, and other partners can participate in these efforts.

State Agencies and OrCPP members are a part of the ecosystem of organizations that help individuals in need get their health and social needs met. Providing a more efficient avenue that allows State Agencies and OrCPP members to easily procure and contract with Solution Providers of closed loop referral technology for social needs that have an established presence in Oregon’s communities helps support policy initiatives in Oregon, the Governor’s priorities on SDOH to improve health outcomes in communities most harmed by social injustices and supports the goal of eliminating health inequities.

State Agencies that may wish to participate include, but are not limited to, Oregon Health Authority (OHA), Oregon Department of Human Services (ODHS), Oregon Department of Early Learning and Care (DELC), Oregon Department of Education (ODE), Oregon Housing and Community Services (OHCS), Oregon’s Higher Education Coordinating Commission (HECC), Oregon Youth Authority (OYA), Oregon Department of Corrections, Oregon State Sherriff’s Association, and Oregon Workforce Partnerships.

OrCPP members include units of local government (cities, counties, school districts), special districts (fire, water, health), Oregon university and community colleges, Oregon Forward Contractors (OFC), American Indian Tribes located in Oregon, certain qualifying public benefit corporations, and State Agencies not subject to ORS 279A.050 and DAS-implemented administrative rules. OrCPP Members that may wish to participate include schools, counties, and cities.

c. Current Need:

As of the date of this request, two Solution Providers of closed loop referral technology for social needs meet criteria for award under this SP: Unite Us and findhelp. If/as the Oregon market changes, additional Solution Providers of closed loop referral technology for social needs meeting criteria for award under this SP will be identified via the process described in Section 10(d). As major providers and coordination of health and social services throughout Oregon, it is critical for State Agencies and OrCPP Members to engage with others in closed loop referral technology for social needs. DAS PS, on behalf of State Agencies and OrCPP Members, intends to contract with Solution Providers of closed loop referral technology for social needs actively used in Oregon by Medicaid CCOs and organizations serving Medicaid members that are cloud-based, supporting the State of Oregon’s goal of conducting 75% of its business via cloud-based services and infrastructures by 2025, and utilizing software-as-a-Service (SaaS) cloud-based systems. This SP provides the opportunity to utilize existing systems in the marketplace selected by the community to strengthen existing referral pathways and increase capacity to quickly communicate between disparate organizations to deliver services more efficiently.

Contracting with Solution Providers of closed loop referral technology for social needs actively used in Oregon will support the following needs:

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 4 of 9

• Compliance with the Centers for Medicare and Medicaid Services (CMS) closed loop referral requirements under Oregon’s Medicaid 1115 Waiver for 2022-2027. State Agencies and OrCPP Members supporting referrals and communication about HRSN services with organizations will need access to closed loop referral technology for social needs, while Medicaid Fee-For-Service (FFS) contractors need access to the closed loop referral technology for social needs to ensure equitable access to closed loop referrals for HRSN services for FFS Oregon Health Plan (OHP) beneficiaries. The waiver monitoring and evaluation teams will require access to closed loop referral technology for social needs data for the analysis of new HRSN and SDOH data from partners.

• Closed loop referral technology for social needs access for State Agencies and OrCPP Members that receive incoming requests, provide services, and make outgoing referrals to services. It’s anticipated that over time more State Agencies and OrCPP Members will have interest in participating in closed loop referral technology for social needs. This SP would allow State Agencies and OrCPP Members, and their contractors that provide core services, the option to join closed loop referral technology for social needs and provide an easier path to procure if and when it is programmatically appropriate to better access and coordinate services.

The PAs awarded under this SP will be for an initial term, from the date of PA execution through December 31, 2029, and amended for as long as Solution Providers of closed loop referral technology for social needs maintain the criteria in this SP.

1. The below Services are available as options to procure with the platform (1.a). Due to the extensive number of Services available, not all items are listed in this Section. Items marked with an * are Services OHA is interested in including within their Contract.

a. Closed loop referral technology for social needs platform*

b. Support and training(s)*

c. Data reporting and analytics*

d. Network access, system implementation(s), system integration(s)*

e. Data feeds with State Agencies and OrCPP members

f. Service authorization and invoicing*

g. Individual and population risk analysis

h. Transition Services*

i. Data Security compliant with HIPAA, FERPA, 42 CFR Part2, and Violence Against Women Act of

1994 and associated notifications *

j. Ongoing Operations and Maintenance*

k. Any services available by Solution Providers of closed loop referral technology for social needs and within the scope of this SP, that further improves SDOH and the health outcomes for people utilizing closed loop referral technology for social needs.

2. Emerging Technologies (not yet available) offered by Solution Providers of closed loop referral technology for social needs may be obtained through an Amendment(s) to this SP. These new Services must be within the scope of this SP.

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 5 of 9

The estimated cost for OHA and ODHS’ use of closed loop referral technology for social needs over a five-year federal fiscal year (FFY) period, subject to federal and state funding and approvals:

FFY25 FFY26 FFY27 FFY28 FFY29 Five Year Total $5,500,000 $3,600,000 $3,850,000 $3,950,000 $4,100,000 $21,000,000

The estimated cost for State Agencies and OrCPP Members’ use of closed loop referral technology for social needs over a five-year federal fiscal year (FFY) period:

FFY25 FFY26 FFY27 FFY28 FFY29 Five Year Total Unknown Unknown Unknown Unknown Unknown Unknown

d. Proposed Contracting Procedure:

The contracting method for this SP is a direct award and negotiation of a PA(s).

1. DAS PS will issue a Public Notice (Notice) on OregonBuys for seven (7) days regarding approval of this SP Request in accordance with Oregon Administrative Rules (OAR) 125-247-0287.

2. The Notice will include a provision that any affected person may file a protest and describe the process for delivery to the State Chief Procurement Officer (CPO).

3. Unless any protests are received and sustained, DAS PS will proceed with direct award and negotiation of a PA(s) that meet the criteria listed in Section 10(d)(6) below.

4. DAS PS will obtain Enterprise Information Services (EIS) endorsement before executing the PA(s) if required.

5. Pursuant to OAR 137-045-0015, DAS PS will work with Oregon Department of Justice (DOJ) and obtain legal sufficiency approval prior to executing the PA(s), as required.

6. DAS PS will enter contract negotiations with Solutions Providers of closed loop referral technology for social needs that meet all requirements for award. The criterion for award is as follows:

a. Solution Providers of closed loop referral technology for social needs actively used in Oregon by Medicaid CCOs and organizations serving Medicaid members as reported annually to OHA in CCO Health IT Roadmaps,

b. Identified from statewide community-led decision-making body representing those using and impacted by closed loop referral technology for social needs,

c. Cloud-based, and

d. Compliant with State of Oregon’s Cyber Security protections

7. If it is determined there is a change in Solution Provider(s) of closed loop referral technology for social needs status from 6.a, OHA will be notified via CCO Health IT Roadmaps. OHA will conduct analysis to determine if Solution Providers of closed loop referral technology for social needs also meet criteria for 6.b and 6.c, and 6.d. If all criteria are met, DAS PS will request a SP Amendment to direct award and negotiate with new Solution Providers of closed loop referral technology for social needs.

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

Oregon's Governor Kotek’s top three priorities focus on SDOH: addressing housing and eliminating homelessness, improving access to mental health and addiction services, and improving outcomes in

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 6 of 9 early literacy. Connecting individuals to social needs services in more efficient ways such as closed loop referral technology for social needs helps improve a person’s SDOH, directly supporting the Governor’s top three priorities.

The Medicaid 1115 Waiver focuses on addressing SDOH, promoting better health outcomes, and exploring different ways to affect health outcomes for communities and groups that have been disproportionately affected by health inequities in Oregon and reducing disparities. Achieving health equity will help Oregon to improve the lives of people who face historic and contemporary injustices;

increase individual, family and community resilience; and reduce health disparities for groups most affected by injustice and discrimination.

The 2020-2024 State Health Improvement Plan, Healthier Together Oregon (HTO), supported and coordinated by OHA’s Public Health Division (OHA-PHD), is a five-year plan that identifies Oregon’s health priorities with strategies that will lead to improved outcomes. HTO’s primary goal is to achieve health equity. It is a tool for anyone wanting to improve their community’s health. HTO informs community health improvement plans and state agency policies, partnerships, and investments. More than 100 partners gathered to identify goals, strategies, and measures for the priorities. These partners identified 62 strategies and wove them across an implementation framework that speaks to the interconnectedness of Oregon’s health priorities. One of the strategies identified is to support statewide community information exchange to facilitate referrals between health care and social services (closed loop referral technology for social needs).

DELC’s Early Learning Council, in partnership with six (6) State Agencies (including DELC), developed a comprehensive state system plan for 2024-2028, called Raise Up Oregon. Raise Up Oregon serves as Oregon’s comprehensive state system plan for early childhood (prenatal to age five (5)), and outlines a strategy specifically for supporting closed loop referral efforts statewide. Raise Up Oregon has three (3) main goals: Goal 1 includes making the early childhood system equitable: integrated, accessible, inclusive, anti-racist, and family centered. Goals two (2) and three (3) include all families with young children are supported to ensure their well-being, and that all children are thriving in early childhood and beyond. State Agencies that assisted DELC in these efforts include ODE, ODHS, OHA, OHCS, and HECC. Establishing PAs with Solution Providers of closed loop referral technology for social needs not only benefits many different State Agencies and the Oregonians they serve, but also provides benefits to the partners and community members those agencies work with, including OrCPP Members.

Knowing that closed loop referral technology for social needs was emerging, OHA conducted extensive market research (2018-2023) of other states and regions making the same transition to closed loop referral technology for social needs, as well as existing efforts in the Oregon landscape. This analysis included:

• In 2023, OHA provided standardized questions to the two closed loop referral technology for social needs Solution Providers of closed loop referral technology for social needs with a CCO presence in Oregon based upon reporting to OHA in Health IT Roadmaps, Unite Us and findhelp, to learn about their cost structures and solutions,

• In 2021, OHA received vendor responses from Unite Us and findhelp to privacy and security questions that were analyzed by OHA’s Office of Information Services’ Information Security and Privacy Office, SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 7 of 9

• Informational interviews with representatives from peer states and regions,

• Assessed use, success, barriers, and challenges in the Oregon and national landscape by analyzing

House Bill 4150 (2022) Oregon legislative report on statewide CIE, CCOs’ reports, and Health Information Technology (HIT) Commons Environmental Scan, and

• Researched and tracked various federal, state, and regional work and Solution Providers through various forums such as the University of California at San Francisco’s Social Interventions Research & Evaluation Network’s (SIREN) Community Resources Referral Platforms, the Office of National Coordinator for Health Information Technology (ONC) Social Determinants of Health (SDOH) Information Exchange Toolkit, and the San Diego CIE Toolkit.

This SP is not to task the State of Oregon with establishing a new closed loop referral technology for social needs for use in Oregon. The State of Oregon does not have a practicable means of procuring the same results without incurring significant cost, duplication of effort, or causing undue burden on partners. Procuring any additional closed loop referral technology for social needs platform outside of the ones actively used in Oregon holds the following potential risks:

• A reduced ability for organizations, including CBOs, service providers, healthcare systems, and agencies, to conduct streamlined referrals within a contained network.

• Burdening CBO and health care provider staff by introducing an additional platform, increasing the number of systems to learn, monitor, and be trained to use. If additional CIEs were introduced into the market, CBOs would need to either expend scarce staff resources on learning multiple disconnected systems or opt out of providing services altogether to avoid the burden.

• Increase data collection costs for State Agencies from aggregating data from multiple sources for analysis and reporting. Increase the difficulty of data consolidation, aggregation and reporting and increasing time and human resource burdens for data analysis and decision-making.

• Fracture the existing closed loop referral technology for social needs landscape in the State of Oregon with an increased number of platforms would reduce the number of organizations participating in each platform. This would reduce the value of the systems as a whole and decrease the ability to make closed loop referrals to other organizations in the same network.

The PAs with Solution Providers of closed loop referral technology for social needs will remain effective for the term allowable under the SP as long as they maintain an active Oregon presence. The State will continue to engage with organizations using closed loop referral technology for social needs to monitor market developments. If, in the future, Medicaid CCOs and organizations serving Medicaid members in Oregon shift their investments from the existing closed loop referral technology for social needs Solution Providers to different Solution Providers, or the NTE is close to being exceeded due to participation, DAS PS reserves the ability to adjust or change contracts and price agreements with the closed loop referral technology for social needs Solution Providers by an Amendment to the SP and notice to the public.

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:

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 8 of 9

This SP does not diminish competition because it is based on what the Oregon market has selected and can adjust Solution Providers if/as the market landscape changes. The SP aligns State Agencies and OrCPP Members with Solution Providers of closed loop referral technology for social needs platforms actively used in Oregon (Unite Us and findhelp). If/as market conditions change, DAS PS will adapt and assess if changes to the PAs or SP need to be made to include additional Solution Providers of closed loop referral technology for social needs.

Solution Providers of closed loop referral technology for social needs platforms deliver functionality that meet the closed loop referral and Medicaid 1115 waiver-related requirements with minimal, if any, need for system or functional configuration. Contracting with the existing Solution Providers within Oregon also provides a substantial time and cost savings to the State of Oregon and aligns State Agencies and OrCPP Members, and the Tribes, partners, communities, CBOs, health care systems, education system, and health plans on the same platforms, supporting the existing referral networks that are being used today.

and

_______ (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:

Investments in closed loop referral technology for social needs by State Agencies and OrCPP Members help to support efforts in addressing people’s well-being through facilitation of social needs referrals, connecting medical providers and CBOs, and sharing information around met and unmet needs. Closed loop referral technology for social needs platforms increases in value for communities as more community partners directly connect and share information with each other using the same platform.

All sixteen Oregon Medicaid CCOs have each adopted Unite Us or findhelp for their organizational and communities’ use. The State has no plans to disrupt the current closed loop referral technology for social needs environment nor the current CCO contracts with Unite Us or findhelp and expects CCOs to use the tools they have invested in for Medicaid purposes. Closed loop referral technology for social needs is most likely to succeed and meet its desired service delivery and equity goals if State Agencies and OrCPP members also use the same platforms that Medicaid CCOs, organizations serving Medicaid members, CBOs, health care systems, and health plans have selected independently from OHA and ODHS in their communities.

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:

SP No. REQ-10700-00080555_CIEPlatforms_DAS Page 9 of 9

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. Authorized 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. Authorized Agency shall comply with all Enterprise Information Services (EIS) conditions and requirements prior to Price Agreement or Contract execution, if any.

APPROVED:

Stephen Nelson, State Chief Procurement Officer Date:

Department of Administrative Services, Procurement Services

8/6/2024