SP_Attachment-1_SP-1299-21.pdf

SP-1299-21 Page 1 of 4

REQUEST FOR SPECIAL PROCUREMENT No. SP-1299-21

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

1. Requesting Agency Name: Oregon Department of Administrative Services, Enterprise Goods and Services, Procurement Services (DAS PS)

2. Date of Request: May 19, 2021 3. Agency Number: 107090

4. Agency Contact Name: Keri Ashford 5. Phone: (971) 349-2399

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

7. Time Period Requested: From: July 17, 2021 To: June 30, 2023

8. Total Estimated Cost: $10,000,000

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

Environmentally preferable janitorial supplies, industrial paper products and equipment

10. Request, Background and Proposed Contracting Procedure:

a. Request:

DAS PS requests approval of this Special Procurement (SP) No. SP-1299-21 to extend Price Agreement No’s. 3401, 3402 and 9275 to June 30, 2023 to allow sufficient time to complete a competitive solicitation and for replacement price agreements to be executed.

b. Background:

On April 3, 2013, DAS PS, on behalf of State agencies, Oregon Cooperative Procurement Program (ORCPP) members, Washington State agencies and the Washington State Purchasing Cooperative (WSPC) issued Request for Proposals (RFP) No. 102-1917-12 for environmentally preferable janitorial supplies and industrial paper products, including custodial equipment and incidental services for the purpose of establishing permissive cooperative price agreements (PAs) with qualified vendors. The RFP stated that the initial term of the Price Agreements would be two (2) years and the PAs could be renewed for successive terms for a total maximum term of no longer than eight (8) years.

Six (6) proposals were received and evaluated, resulting in the award of four (4) PAs to the following suppliers:

PA 3400 – West Coast Paper PA 3401 – Coastwide Laboratories (Staples) PA 3402 – Waxie Sanitary Supply PA 3403 – Interline Brands (Name changed to Home Depot, Inc., resulting in new PA 9275)

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No protests were received. PA 3400 was terminated by mutual consent in January 2018. The remaining three (3) PAs were extended to their maximum terms, which expire in July of 2021 (PA 3401 expires 7/23/21; PA 3402 expires 7/17/21; and PA 9275 expires 7/17/21).

Current Need:

Oregon, acting as the Lead State for the NASPO ValuePoint MRO portfolio, will be releasing a solicitation for Maintenance, Repair and Operations (MRO) that will include environmentally preferable janitorial supplies, industrial paper products and equipment. The RFP is anticipated to be released in January 2022 with Master Agreements and Oregon Participating Addenda effective July 1, 2023.

Extension of the current PAs support’s Governor Brown’s priority of “Responsible Environmental Stewardship” and will ensure authorized purchasers have a means to purchase environmentally preferable janitorial supplies, industrial paper products and equipment without interruption, while allowing sufficient time to complete a competitive solicitation for future environmentally preferable janitorial supplies, industrial paper products and equipment.

c. Proposed Contracting Procedure:

DAS PS will use the following process:

• DAS PS will issue a public notice through the Oregon Procurement Information Network (ORPIN) as required by Oregon Administrative Rule (OAR) 125-247-0287for a period of seven (7) calendar days, regarding approval of this Special Procurement No. SP-1299-21. The public notice will include provisions that any affected person may protest the approval of the Special Procurement.

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

• Advertisement of this Special Procurement approval will serve as notification to the supplier community that DAS PS, intends to amend the current PAs to extend them through June 30, 2023 to allow continuation of the ability to purchase environmentally preferable janitorial supplies, industrial paper products and equipment, and include a process by which any affected person can submit a protest.

• If no protests are received and sustained, DAS PS will proceed with amending PA 3401, PA 3402 and PA 9275 for continued availability for the purchase of environmentally preferable janitorial supplies, industrial paper products and equipment through June 30, 2023.

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

This Special Procurement request for extension of the PAs will ensure continued ability to purchase environmentally preferable janitorial supplies, industrial paper products and equipment without interruption, which supports Governor Brown’s priority of “Responsible Environmental Stewardship.”

The current PAs will be replaced with new PAs that will be awarded after a competitive solicitation process. However the new PAs will not be effective until June 30, 2023, leaving a gap in the ability to purchase environmentally preferable janitorial supplies, industrial paper products and equipment unless the current PAs are extended.

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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:

RFP No. 102-1917-12 for environmentally preferable janitorial supplies, industrial paper products and equipment was a publicly noticed competitive solicitation that resulted in award of the above-mentioned PAs.

A subsequent competitive solicitation will conducted that will result in PAs to replace the current PAs.

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:

• Extending the existing PAs will ensure the public is be served by maintaining authorized purchasers ability to purchase environmentally preferable janitorial supplies, industrial paper products and equipment without interruption.

• Failure to exercise the extension of the PAs will negatively affect state and local agencies, because an interruption of the ability to purchase environmentally preferable janitorial supplies, industrial paper products and equipment will affect the environmental welfare of the State of Oregon.

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.

APPROVED:

Debbie Dennis, State Chief Procurement Officer, Date:

Department of Administrative Services

05/21/2021