SP Attachment-1_REQ-DASOBO-00022963_ImpactOregonWebsite_Approved.pdf

SP_REQ-DASOBO-00022963, Impact Oregon Website Page 1 of 6

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00022963

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

1. Requesting Agency Name: _Oregon Department of Human Services (“ODHS”)

2. Date of Request: 02/02/2022 3. Agency Number: 10800

4. Agency Contact Name: Jason Fong 5. Phone: 971-374-3507

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

7. Time Period Requested: From: February 01, 2022 To: March 31, 2025

8. Total Estimated Cost: $1,150,000.000

Note: The current Contract not-to-exceed (“NTE”) amount is $132,760.00. This Special Procurement (“SP”) Request #REQ-DASOBO-00022963 seeks to add an additional $1,017,240.00 for a cumulative Contract NTE amount of $1,150,000.00.

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

Impact Oregon website Updates and Enhancements (“Services”)

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

a. Request:

ODHS, Office of Developmental Disabilities Services (“ODDS”) requests approval of this SP Request #REQ-DASOBO-00022963 to amend Contract #DHS-160959-19 (“Contract”) issued to Parallel Public Works, Inc. (“Contractor”) to:

1. extend the Term through March 31, 2025.

2. increase the total not-to-exceed (“NTE”) amount an additional $1,017,240.00.

3. increase the NTE compensation for hosting fees impacted by the anticipated Website enhancements, if required.

4. amend the Statement of Work to include the following Website enhancements:

add data collection add provider types add media to support recruitment for careers in the intellectual and developmental disabilities (“I/DD”) field.

expand the informational portion of the Website to provide targeted information for nurses and behavior support professionals expand provider profiles

b. Background:

ODHS is Oregon’s principal agency for helping Oregonians achieve wellbeing and independence through opportunities that protect, empower, respect choice, and preserve dignity, especially for those who are least able to help themselves. ODDS, one of five ODHS programs, works collectively with

SP_REQ-DASOBO-00022963, Impact Oregon Website Page 2 of 6 stakeholders and the developmental disabilities community to provide services, supports, and advocacy to empower Oregonians with I/DD to live full lives in their communities.

On February 13, 2019, ODHS issued Intermediate Request for Proposal (“RFP”) #DHS-4672-19 on the Oregon Procurement Information Network (“ORPIN”), the state’s eProcurement system of record at that time, seeking a contractor to design, build and maintain a job recruitment website to allow employees of Provider Agencies to view available jobs. Provider Agencies are Oregon Medicaid enrolled agencies, which employ the following positions: Discovery, Job Development, Direct Support Professional, and Job Coaching.

The RFP anticipated awarding one contract with a term up to five (5) years and an NTE amount of $150,000.00.

The RFP closed March 14, 2019.

Three timely submitted Proposals were evaluated in accordance with the Evaluation Criteria and Process set out in the RFP.

Contractor prevailed as the highest-ranking Responsible Proposer and was issued an Intent to Award on March 27, 2019.

The Contract was executed September 6, 2019 for an initial term of two years and an NTE amount of $130,720.00. The Contract has been amended once (Amendment 160959-1), which was executed January 20, 2020, and effectively:

increased the NTE amount to $132,760.00 extended the Contract Term through June 30, 2023 amended the Statement of Work to include two additional Website enhancements

In March of 2020 the COVID-19 pandemic spread throughout the United States. As a direct result, the Federal Government instituted the American Rescue Plan Act (“ARPA”) of 2021. ARPA granted funding to states to assist with recovery from the pandemic. The ARPA funding must be expended by March 31, 2025. All remaining funds not expended by March 31, 2025, if any, must be returned to the Federal Government. ODDS submitted a plan to the Center of Medicaid and Medicare Services (“CMS”) detailing how it intended to use the granted ARPA funds, including $1 million for updates and enhancements to the Website. CMS approved the plan. The additional funding granted under the ARPA plan was not known or anticipated when ODDS issued the RFP as an Intermediate Procurement instead of a Formal Procurement.

ODDS developed the Website and associated marketing campaign in partnership with stakeholders to attract staff to work in the I/DD field. The ARPA funds will be used to enhance this effort overall and to market specifically to attract clinicians (e.g., nurses, mental health professionals and behavioral professionals) to the I/DD field. ODDS and its stakeholders expect this effort will require a specialized marketing approach with profession-specific messaging, both of which Contractor is experienced, skilled, and well qualified to provide. Contractor is a technology and design studio, established in 1999, and specializing in the creation of web applications, mobile apps and software products for governments, non-profits, and public space. Contractor’s services include, but are not limited to, specialized technical (new) website development and expansion of existing websites with resources and background in marketing and communications, which are vital to the successful broadcast and promotion of websites and their related updates and enhancements.

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c. Current Need:

Contractor assisted ODDS with Website design, built the current Website, and has maintained it since it launched. ODDS recognizes that Contractor is best positioned to provide the requisite services (i.e., upgrades and enhancements) for the Website that Contractor built and currently maintains. The upgrades and enhancements Services will:

increase functionality of the Website improve ODDS’ access to Website metrics meet the ARPA, CMS-approved plan that must be completed with funds expended by March

31, 2025.

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, ODHS will issue a public notice (“Notice”) of the approved SP on OregonBuys, the state’s current eProcurement system of record, for a period of seven (7) calendar days.

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

3. Oregon Department of Administrative Services (“DAS”), in coordination with ODHS, will respond to and resolve all protests received, if any.

4. If no protests to this SP are received or sustained, ODHS will proceed with amending the Contract (Amendment #2) as set out in Section 10.a, Request.

5. Pursuant to OAR 137-045-0015, ODHS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing the Contract amendment(s), as require.

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

ODDS is committed to working toward service options to assure that people who experience Developmental Disabilities have the opportunity to have lives that are fulfilling and meaningful. In order to support these service options, ODDS needs to inform and have access to a robust workforce to provide services.

There is currently a shortage in the I/DD workforce in all areas. To assure that Individuals who experience I/DD are safely supported, ODDS developed a website to inform the workforce of the opportunities that exist within the I/DD field. The COVID 19 pandemic further highlighted and exacerbated the already struggling workforce. ODDS and its providers experienced several hurdles in finding staffing to support Individuals and contracted with several temporary staffing services to bridge the gap.

The Impact Oregon Website was built by Contractor. Contractor has first-hand, existing knowledge of the Website infrastructure and design. Contractor also hosts and maintains the Website. ODDS currently pays monthly hosting fees for the website domain. The ARPA funds will support the upgrades to the website and any enhanced hosting fees, which may be required due to bandwidth or memory upgrades.

If a new procurement process is required and results in a new contractor, transferring the Website domain name would first require approval from both companies, which will cause delays to the essential Website enhancements. Again, ODDS needs additional I/DD staffing soonest to relieve its stretched resources and support the I/DD clients it serves in a timely and quality manner.

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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:

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

2. The RFP was advertised on the Oregon Procurement Information Network (“ORPIN”), the State’s eProcurement system of record at that time, which held a roster of 40,000+ registered Suppliers.

3. The Contract is still in effect through June 30, 2023. This SP Request seeks a modest 9-month extension to the Contract Term, coterminous with the ARPA funds expiration date.

4. An award of a “bridge contract” for a term less than 1-year with no opportunity for follow-on work may not be appealing to other web development providers.

5. The conduct of a new solicitation process would place the ARPA funds in jeopardy given:

a. the time attendant to undertaking a formal procurement process, which can take upwards of 12 – 18 months or longer to complete.

b. Delays to the Website enhancements in order for a new contractor to come up-to-speed on the project including:

transferring the Website domain name understanding current state of the Website understanding ODHS/ODDS dynamics, policies, etc.

understanding the needs driving the required Website enhancements, including ODHS/ODDS goals and expectations 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:

Contractor created the Website and has control of the site infrastructure, hosting, coding, maintenance, and support. Developing and conducting a new solicitation for the website enhancements work, if required, would introduce a sharp learning curve for a new contractor and cause unacceptable delays.

The ARPA funds must be expended before March 31, 2025, the deadline set by CMS. If the funds are not expended before the deadline, the State of Oregon and the individual’s ODDS serves could lose this valuable resource.

The COVID pandemic has resulted in extreme staffing shortages for ODDS Providers. The Impact Oregon website and marketing of the website are vital tools for recruiting and promoting available jobs

SP_REQ-DASOBO-00022963, Impact Oregon Website Page 5 of 6 in the I/DD field. Currently, the Impact Oregon website is limited in the services it provides.

Enhancing the website, adding new information and job categories is essential in reaching a greater audience of qualified, prospective clinicians to Oregon’s I/DD workforce.

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(s) execution, if any.

APPROVED:

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