SP-1136-19_Final.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. SP-1136-19

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

1. Requesting Agency Name: Department of Administrative Services/Procurement Services (DAS PS) on behalf of the Charitable Fund Drive Committee (CFDC or Committee)

2. Date of Request: June 11, 2019 3. Agency Number: 107090

4. Agency Contact Name: Kim O’Neill 5. Phone: (503) 378-3977

6. Type of Request: Contract-specific Special Procurement

7. Time Period Requested: From: June 15, 2019 To: June 30, 2024

8. Total Estimated Cost: $450,000

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

Charitable Fund Drive Managing Organization Services

10. Request, Background and Proposed Contracting Procedure:

a. Request:

DAS PS, on behalf of its Charitable Fund Drive Committee (Committee), requests approval of this Special Procurement to Direct Award a Contract for up to a five (5) year term to provide Charitable Fund Drive Managing Organization Services by the United Way of the mid-Willamette Valley with a maximum not-to-exceed of $450,000.00.

b. Background:

The Charitable Fund Drive (CFD) was implemented in 1989 to consolidate campaign efforts for state employees and retirees to donate funds to a wide range of charitable organizations and support Oregon communities. The CFD is governed by Oregon Administrative Rules (OAR) 125-030-0006 through 125- 030-0090. CFD campaigns bring revenue to many charities throughout the state of Oregon, benefitting the communities the charities serve. The charities depend on the income from the CFD campaigns.

In 2014, Children’s Trust Fund of Oregon Foundation was the only proposer who submitted a response to solicitation #DASPS-2282-14. Children’s Trust Fund of Oregon Foundation, working in conjunction with Environmental Federation of Oregon, dba. EarthShare Oregon was awarded the contract # DASPS-2340-

14. The contract was amended once to extend the term to March 31, 2018.

In 2018, Children’s Trust Fund of Oregon Foundation resigned from the contract and DAS PS processed an Assignment and Assumption transferring the duties and rights of the contract to Environmental Federation of Oregon dba. EarthShare Oregon (“EarthShare Oregon”) and assigning a new contract #DASPS-2910-18 with an expiration date of March 31, 2019.

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In 2018, EarthShare Oregon submitted notice to the Committee, informing the CFDC that EarthShare Oregon would complete contractual obligations, but would not submit any proposals to formal solicitation efforts to continue servicing the CFD.

In 2019, in an attempt to gauge interest, the Committee notified all Oregon charities and foundations of the need to establish a new Contractor to manage the CFD. The notification asked if any of the charities and foundations were interested in managing the CFD. Oregon charities and foundations were also informed that DAS PS would publish an RFP for the needed services. The Committee received no responses to the notification. The Committee reached out to some of the charities and foundations directly and found that the organizations were not interested in performing the required services of managing the CFD.

On March 20, 2019, DAS PS published RFP #DASPS-3139-19 on ORPIN. The RFP closed on April 26, 2019. There was one response to the RFP from a Proposer. During contract development and negotiations, the Proposer notified DAS PS they were no longer interested in managing the campaign and were withdrawing their proposal and ceasing the contract negotiation process.

In early June 2019, the Committee met with the Oregon charities and foundations letting them know at present, no contractor was available to manage the CFD. During that discussion, the United Way of the mid-Willamette Valley proposed to manage the CFD.

The contract with EarthShare Oregon has now expired. Presently, no Contractor is performing the management services required to maintain the CFD. The current Campaign is now behind schedule.

c. Proposed Contracting Procedure:

DAS PS proposes to direct award and negotiate a contract for up to a five (5) year term with the United Way of the mid-Willamette Valley.

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

• DAS PS’ solicitation #DASPS-3139-19 received only one (1) response. The vendor/charity withdrew their proposal. Therefore the RFP failed to result in a contract.

• The past three (3) solicitations have only rendered one response/proposal. The management services for maintaining the CFD calls for extensive work and there is a very small profit for the selected Contractor.

• The Committee and DAS PS have reached-out to all Oregon charities and foundations, on multiple occasions, and have determined no interest has been expressed to provide the services required to manage the CFD.

• The previous contract with EarthShare Oregon expired in March 2019.

• The current campaign is now three (3) months behind schedule. Time is of the essence.

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:

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A solicitation was published and only one Proposer provided a response. The Proposer later withdrew their proposal, no longer showing interest in performing the services required. DAS PS and the Committee have made multiple attempts to garner interest in the work. The attempts have not rendered any interest from Oregon charities and foundations, other than the United Way of the mid-Willamette Valley.

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:

If DAS PS does not award a contract, the annual CFD campaign will not take place. Past campaigns have resulted in Oregon charities and foundations receiving over $800,000 in donations from State employees on an annual basis. The money from campaigns go back into the communities they serve, which is a significant positive impact to the public interest.

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 ORPIN. Agency may elect to attach a signed Request.

Signature: e.g. Electronically in ORPIN 6/11/2019 Type Name Date: