SP_Amd-1_Attachment-1.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00027004

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

1. Requesting Agency Name: Oregon Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of Oregon Department of Education (“ODE”), Early Learning Division (”ELD”).

2. Date of Request: June 9, 2022 3. Agency Number: 107090

4. Agency Contact Name: Jennifer Jolley 5. Phone: 971-900-7695

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

7. Time Period Requested: From: October 26, 2022 To: October 26, 2023

8. Total Estimated Cost: $340,000.00

Note: The Contract Not-To-Exceed (“NTE”) Compensation is currently $1,829,223.01 (see Table 10.b.1 below). With approval of this Special Procurement (“SP”) Request and execution of the anticipated Contract amendment (“Amendment #11”), the cumulative Contract NTE Compensation will be $2,169,223.01.

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

Healthy Families Oregon Program – Statewide Annual Evaluation, Consulting and Training Services (collectively “Services”)

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

a. Request:

DAS PS, on behalf of ODE requests approval of this Special Procurement (“SP”) Request #REQ- DASOBO-00027004 to amend Contract No. DASPS-2677-16 (“Contract”), issued to Northwest Professional Consortium, Inc. (dba NPC Research) (“Contractor”) as follows:

Extend the Term one additional year beyond the maximum term; from October 26, 2022 to October 26, 2023.

Increase the Not-To-Exceed Compensation an additional $340,000.00.

b. Background:

ODE’s mission is to support all of Oregon’s young children and families to learn and thrive. ODE works as an integrated team focused on: Child Care, Early Learning Programs and Cross Systems Integration, Policy and Research, and Equity.

ODE’s Early Learning Division is responsible for the implementation and oversight of community based early learning services to children in communities throughout the State of Oregon (“State”).

One component of the community-based services is the Healthy Families Oregon Program (“HFO Program”), established under Oregon Revised Statute (“ORS”) 417.795, which seeks to ensure healthy, thriving children and nurturing, caring families in all Oregon communities. The HFO Program is a

SP_REQ-DASOBO-00027004_HFO Program Services Page 2 of 6 strengths-based, voluntary home visiting program that services high risk families, beginning during pregnancy or at the time of birth.

To assess its effectiveness, and pursuant to ORS 417.795(k), the HFO Program undergoes an annual, statewide, independent evaluation. At a minimum, the Annual Statewide HFO Program Reports (“Annual Reports”) include:

Level of screening and assessment Incidence of child abuse and neglect Change in parenting skills Rate of child development

The Annual Reports – and findings therein – are also used in part to:

1. Maintain the HFO Program’s accreditation by Health Families America (“HFA”), an affiliate of Prevent Child Abuse America – the nation’s oldest and largest organization committed to preventing child maltreatment.

2. Assess on-going consulting and training Services needs to ensure State and local HFO Program Providers are equipped with the knowledge and skills necessary to achieve HFO Program goals.

June 2016: DAS PS on behalf of ODE issued Request for Proposal (“RFP”) No. DASPS-2615-16 on the Oregon Procurement Information Network (“ORPIN”), the state’s eProcurement system of record at that time, which sought a single contractor to provide evaluation, consulting, and training Services for the HFO Program.

One timely submitted, responsive Proposal was received and evaluated in accordance with the evaluation process set out in the RFP.

NPC Research prevailed with an award.

September 26, 2016: DAS PS on behalf of ODE, negotiated and executed the Contract with Contractor.

To date, the Contract has been amended ten (10) times as demonstrated in Table 10.b.1.

TABLE 10.b.1

Description Amount Amended into Contract

Cumulative Contract NTE Compensation

Contract DASPS-2677-16 (at execution)

$557,501.83

Contract Amendment #2 Note: There is no Amendment #1

$23,099.87 $580,601.70

Contract Amendment #3 $139,849.68 $720,451.38

Contract Amendment #4 No Change

Contract Amendment #5 No Change

Contract Amendment #6 $1,108,771.63 1,829,223.01

Contract Amendment #7 No Change

Contract Amendment #8 No Change

Contract Amendment #9 No Change

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Amendment #10 No Change

Anticipated Amendment #11 $340,000.00 $2,169,223.01

c. Current Need:

The Contract will reach its maximum allowable Term and expire on October 26, 2022. This SP Request seeks the ability to amend the Contract and extend the Term one additional year, through October 26, 2023.Per ORS 417.795(k) the HFO Program must be evaluated annually. The next Annual Report must be delivered in Q2 or Q3 of 2023. For ODE to meet the legislative requirements outlined in ORS 417.795(k), ODE needs Contractor’s continued Services under the Contract until a new procurement process can be completed.

RFP drafting activities are currently underway.

The solicitation will be structured to foster the maximum competition possible.

DAS PS anticipates issuing the RFP on OregonBuys, the state’s current eProcurement system of record, in Q1 or Q2 2023.

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DAS PS will issue a public notice regarding approval of this SP Request on OregonBuys for a period of seven (7) calendar days.

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

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

4. If no protests to this approved SP Request are received or sustained, DAS PS, on behalf of ODE, will proceed with amending the Contract as set out in Section 10.a above.

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 Contract amendment, if required.

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

The Contract has no renewal Terms available and will expire October 26, 2022. The only procurement method available through which the Contract can be amended and extended for time is the Special Procurement process.

Until the new procurement process (detailed in Section 10.c above) can be completed, ODE needs Contractor’s continued Services to:

o meet its statutory requirements under ORS 417.795(k).

o maintain its HFO Program accreditation by HFA.

o equip State and local HFO Program Providers with the knowledge and skills necessary to achieve HFO Program goals.

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

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

1. The Contract was established through an open competitive procurement process in accordance with Oregon statutes and administrative rules.

RFP #DASPS-2615-16 was advertised on ORPIN, which held a roster of 40,000+ registered Suppliers. Further, the RFP contemplated a single contract award up to 6-years. This would have sufficiently generated maximum interest in the vending community.

2. A new procurement (RFP) effort is currently underway (detailed in Section 10.c above).

The RFP will be structured to foster maximum competition among all providers of the requisite Services for a single contract award with a minimum 5-year term.

The RFP will be issued Q1 or Q2 2023 on OregonBuys, which holds a current roster of 18,968 active, registered Suppliers.

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:

HFO seeks to ensure that all Oregon communities have nurturing, caring families where children are healthy and thriving. HFO achieves this goal by enhancing family functioning and promoting positive parent-child relationships during home visits. This work contributes to several of Oregon’s Early Childhood Benchmarks including:

Increasing school readiness

Improving health outcomes for children and families

Reducing the incidence of child abuse and neglect

The Services provided by Contractor, and the information provided in the Annual Reports, informs ELD HFO’s decision making processes regarding its goals and HFO Program Provider goals and requirements.

Without these Services, ODE-ELD will not have an effective or efficient way to ensure that it’s tracking, screening and assessing accurately.

Barring an extension of the current Contract, ODE will not be able to meet the legislative requirements outlined in ORS 417.795(k) until such time as the new procurement process (detailed in Section 10.c above) is completed. A 1-year lapse in the Services currently provided by Contractor could give rise to:

increased incidents of child abuse and neglect decreased child development basics, including social, emotional, and educational needs diminished effective parenting skills.

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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. 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 ORPIN. 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:

Kelly Mix, State Chief Procurement Officer Date Department of Administrative Services

10-3-2022