SP_Attachment-1_Initial SP_10700-00030791~2.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-00030791

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

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

2. Date of Request: October 21, 2022 3. Agency Number: 107090

4. Agency Contact Name: Cort Dokken 5. Phone: 971-283-0023

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

7. Time Period Requested: From: December 31, 2022 To: October 31, 2023

8. Total Estimated Cost: $25,000.01

With approval of this SP Request and the anticipated Contract Amendment #6, the Contract Maximum not-to-exceed (“NTE”) Compensation will be $175,000.00 as demonstrated in the following Table 8.A.

TABLE 8.A

Description Amount Amended into Contract

Cumulative Contract NTE Compensation

Contract #4209 (at execution)

$86,400.00

Contract Amendment #1 $60,600.00 $147,000.00

Contract Amendment #2 - No Monetary Change - $147,000.00

Contract Amendment #3 $2,999.99 $149,999.99

Contract Amendment #4 - No Monetary Change - $149,999.99

Contract Amendment #5 - No Monetary Change - $149,999.99

Anticipated Contract Amendment #6 $25,000.01 $175,000.00

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

Continued maintenance and support services (collectively “Services”) for the “Oregon Reuse” web-enabled database inventory program, which is written on the FileMaker platform.

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

a. Request:

DAS PS, on behalf of DAS Surplus Property (“DAS Surplus”) request approval of this Special Procurement (“SP”) #10700-00030791 to amend Contract #4209 (“Contract”) issued to Direct Impact Solutions USA, Inc. (“Contractor”) to:

1. reflect the change of contractor from MSN Media, Inc., to Direct Impact Solutions USA, Inc.

2. extend the Term an additional 9-months through October 31, 2023.

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3. increase the Maximum Not-to-Exceed (“NTE”) Compensation to $175,000.00.

b. Background:

DAS Surplus provides a central distribution point for useable personal state and federal property with a focus on reutilization of the property within the public sector. Occupying a 72,000 sq. ft. warehouse in Salem, Oregon, half of it is dedicated to state surplus property and the other half is dedicated to federal surplus property, which is conveyed by multiple federal agencies such as the U.S. Department of Defense, U.S. Forest Service, and U.S. Department of Interior, Bureau of Land Management.

Federal property is made available for one year to government and non-profit organizations. If the property doesn’t sell within one year, it is sold to the public through GSA auctions online.

State property is made available for onsite public shopping in the warehouse “General Store” and the onsite lot for (used) state vehicles. The public can also obtain state property through inhouse computer bidder terminals and online auctions.

For inventory management, DAS Surplus uses an electronic system called “Oregon Reuse” to sell state and federal surplus property. Oregon Reuse, which employs a FileMaker back-end data base program, has been in place for approximately 15 years. The FileMaker program is essential to facilitating the electronic sale of surplus property. Oregon Reuse Services, specifically for the FileMaker back-end program, have been contracted out since 2014.

June 19, 2014: DAS PS conducted an intermediate procurement on behalf of DAS Surplus, seeking FileMaker Services. Request for Quote (“RFQ”) #DASPS-1078-14 was issued on the Oregon Procurement Information Network (“ORPIN”), the state’s eProcurement system of record at that time, and closed with two timely submitted Quotes.

July 8, 2014: Contractor prevailed with an award and the Contract was executed.

To date, the Contract has been amended five times within the intermediate procurement threshold.

c. Current Need:

COVID-19 has caused major disruptions in America’s labor force and DAS Surplus, like numerous employers nationwide, is no exception. Although DAS Surplus intended to conduct a new procurement for ongoing Services well in advance of Contract expiration, it was delayed due to internal staffing shortages.

This SP Request seeks to extend the Contract Term 9-months, during which a formal Request for Proposals (“RFP”) procurement process will be undertaken. DAS PS, on behalf of DAS Surplus, anticipates issuing the RFP on OregonBuys, the State’s current eProcurement system of record, in Q1 2023. The FileMaker program is a critical component of the Oregon Reuse System and must be maintained and supported under the existing Contract until the formal procurement process is completed and a new contract for continued Services is established.

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.

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

SP.

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

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

5. DAS PS and DAS Surplus will work with DAS Enterprise Information Services (“EIS”) and obtain its endorsement prior to executing the Contract amendment, if required.

6. Pursuant to OAR 137-045-0015, DAS PS will work with Oregon Department of Justice (“DOJ”) and obtain its legal sufficiency approval prior to executing the Contract amendment, as required.

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

FileMaker is essential to the operations of DAS Surplus and its electronic interface to the public for the sale of State and Federal surplus property through Oregon Reuse.

The modest 9-month Contract Term extension requested in this SP will support the conduct of a formal re-procurement process for continued Services.

With the anticipated Contract Amendment #6, the Contract Maximum NTE Compensation will exceed the intermediate procurement threshold, which can only be addressed through a Special Procurement process.

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 Contract was established through a competitive, intermediate procurement process in accordance with Oregon statutes and administrative rules.

The 9-months of ongoing Services requested in this SP remain within the scope of the original RFQ and Contract.

This SP Request seeks to maintain the existing FileMaker Services under the Contract while DAS PS, on behalf of DAS Surplus, conducts a new, formal procurement.

o The new RFP will be drafted to foster maximum competition, to the extent possible.

o DAS PS will issue the RFP on OregonBuys by March 31, 2023, or sooner.

o All providers of the requisite Services will have the opportunity to submit a proposal and compete for an award.

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:

The 9-month extension of Services under the existing Contract requested in this SP will keep Oregon Reuse online and operational allowing government and non-profit entities and the public continued access to State and Federal surplus property at significant cost savings.

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. 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 contract amendment execution, if any.

APPROVED:

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