SP_Attachment-1_SP-1217-20.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. SP-1217-20

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

1. Requesting Agency Name: The Department of Administrative Services, Procurement Services (DAS PS), on behalf of the Oregon Public Utility Commission (PUC)

2. Date of Request: June 18, 2020 3. Agency Number: 107090

4. Agency Contact Name: Lori Nordlien 5. Phone: (971) 707-0122

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

7. Time Period Requested: From: August 1, 2020 To: July 31, 2021

8. Total Estimated Cost: $480,000

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

Telecommunication Relay Services, Captioned Telecommunication Relay Services.

10. Request, Background and Proposed Contracting Procedure:

a. Request:

DAS PS, on behalf of the PUC, requests approval of this Special Procurement (SP) No. SP-1217-20 to amend and extend Contract No. 102-1522-10 with Sprint Communications Company, L.P. (Sprint), until July 31, 2021 and increase the contract by $480,000; allowing for sufficient time to complete a competitive solicitation for future services.

b. Background:

Congress created the Telecommunications Relay Service (TRS) program in Title IV of the Americans with Disabilities Act of 1990. TRS, including Captioned Telephone Service (CTS), is a telephone transmission service that provides deaf, hard of hearing, deaf-blind, and/or those who have a speech disability, to engage in communication by wire or radio, in a manner that is functionally equivalent to the ability of an individual who does not have such disability. The Federal Communications Commission’s (FCC’s) regulations set forth mandatory minimum standards that TRS providers must follow to meet this functional equivalency mandate.

Since 1993, the FCC Commission has granted states, including Oregon, certification to establish and operate their own TRS programs in five (5) year increments, if the state submits documentation demonstrating that it meets or exceeds all operational, technical and functional mandatory minimum standards set forth in FCC rules. The FCC last granted Oregon certification in 2018.

PUC released Request For Proposals (RFP) No. DASPS-1571-09 on the Oregon Procurement Information Network (ORPIN) in November 2009 and awarded Contract No. 102-1522-10 in July

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2010 to Sprint with a maximum 10-year term, expiring on July 31, 2020. To date, this contract has eight (8) amendments:

1: Adding Performance Bond 2: Extend term through July 29, 2014 3: Change Key Persons

4. Add certain services

5. Change Key Persons

6. Extend term through July 29, 2020

7. Change Key Persons

8. Extend term through July 31, 2020

Current Need:

On March 8, 2020, Governor Kate Brown declared a state of emergency to address the spread of the novel coronavirus, COVID-19 and the potential health crisis. The emergency declaration allowed many state resources, including personnel, to be re-allocated to stem the spread of the disease. The re-allocation of state personnel resources to COVID-19 response roles determined essential has left a temporary service level gap in developing new competitive solicitations and contract administration responsibilities.

Due to the personnel re-allocation related to the COVID-19 response in the declared state of emergency, DAS PS, on behalf of the PUC, requests authority to extend Contract No. 102-1522-10 for up to one (1) year and increase the contract by $480,000.

During the extension period, DAS PS, along with the PUC, intends to conduct a new solicitation for Telecommunication Relay Services and Captioned Telecommunication Relay Services. The contract will remain in effect through July 31, 2021. Upon completion of the competitive solicitation, evaluation, award, and successful new contract negotiation, DAS PS, along with the PUC, intends to terminate the extended contract listed in this Special Procurement request.

The total estimated cost for the period requested for these services will be:

Services Months Monthly Amount Total Telecommunication Relay Services

12 $40,000 $480,000

c. Proposed Contracting Procedure:

• DAS PS, on behalf of the PUC, will issue a public notice on ORPIN, as required by Oregon

Administrative Rule (OAR 125-247-0287) for a period of seven (7) days, regarding approval of this Special Procurement (SP) request.

• Advertisement of the SP will include provisions that any affected person may protest the approval of the SP.

• If no protests to this SP are received or sustained, DAS PS, on behalf of the PUC, will enter into negotiation with Sprint to amend and extend Contract No. 102-1522-10 for up to one (1) year ending on July 31, 2021 and to increase the contract by $480,000.

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• PUC intends to initiate a formal solicitation request through a RFP during the one (1) year period of amendment.

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

The COVID-19 pandemic protocols have made it difficult to compile the necessary drafts for a new RFP solicitation in a timely manner prior to the current expiration of July 31, 2020.

Extending the contract will prevent revocation of Oregon’s certification and disruption of essential services, including access to 9-1-1, for the identified populations. Additionally, multiple carriers in Oregon, none of which have experience in doing so, will be required to assume the responsibility for the provision of TRS at higher costs to ratepayers. Oregon has 30 years’ experience and the infrastructure to maintain the services through Sprint in a cost effective manner, without risking harm to persons who are deaf, hard of hearing, deaf-blind, or those with a speech disability.

Extending the expiration to July 31, 2021 will allow the PUC and DAS PS to draft a new formal solicitation, expected to be posted in Fall 2020.

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

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

The amendment will provide additional time and increase in funding required to draft a new, detailed solicitation, with updated requirements and evaluation criteria and ensure a fully competitive process to post publically, evaluate and award a new contract for these services.

and

______ (b)(i) will result in substantial cost savings to the contracting agency or to the public because:

or

______ (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:

As explained above, Governor Brown directed Oregonians to stay home to the greatest extent possible to slow the spread of COVID-19. Though phased re-opening has begun, a number of protective measures are required and the possibility remains that restrictions may be re-imposed.

Extending the contract will further the public interest, because Telecommunications Relay Services and Captioned Telephone Relay Service is the only means of telecommunications access for the identified populations. By ensuring there is no disruption, these Oregonians will continue to use Telecommunications Relay Services and Captioned Telephone Service to access E9-1-1 in a life or death situation, healthcare, government services, education, etc. from home, thereby reducing the public health threat to themselves and all other Oregonians. Absent a contract extension, serious

SP-1217-20 Page 4 of 5 prejudice to the public interest will result because the State of Oregon will be in violation of the Americans with Disabilities Act that requires the service operate every day for 24 hours per day. The State of Oregon will also be subject to national scrutiny with the grave risk of Federal Communications Commission’s revocation of the State’s certification to provide the service. Extending the contract by an additional year will serves to prevent any risk of injurious harm to the identified populations that relies on the service to communicate in a functionally equivalent manner as those that do not have a disability.

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 _________________ 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 execution of any contracts or amendments and will obtain Department of Justice (DOJ) legal sufficiency review and approval, as may be required.

APPROVED:

Approved by Debbie Dennis via email on: July 21, 2020 @ 9:03 AM PT Debbie Dennis, State Chief Procurement Officer, Date:

Department of Administrative Services