SP_Attachment-3_SP_Amd-2_10700-00048624~3.pdf

SP_REQ-10700-00048624, Amd-2, Oregon Reuse_Filemaker Page 1 of 5 (Original SP: REQ-10700-00030791; SP Amd-1: REQ-10700-00033801)

REQUEST FOR SPECIAL PROCUREMENT

No. REQ-10700-00048624, Amendment No. 2 (formerly 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: 10/13/2023 3. Agency Number: 10700

4. Agency Contact Name: Brian Eilerts 5. Phone: 971.253.5302

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

7. Amendment Time Period Requested: From: October 31, 2023 To: July 30, 2024

8. Total Estimated Cost for Amendment Time Period: $25,000

Note: With approval of this SP Amd-2 Request and execution of the anticipated Contract Amendment #7, the cumulative Contract Maximum NTE Compensation will be $210,000.

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

a. Amendment Request:

DAS PS, on behalf of DAS Surplus Property (�DAS Surplus�), requests approval of this Special Procurement (�SP�) REQ-10700-00048624, Amendment No. 2 (�Amd-2�) to reinstate and amend Contract #4209 (�Contract�) issued to Direct Impact Solutions USA, Inc. (�Contractor�) as follows:

1. Reinstate the Contract as of October 31, 2023.

2. Amend the Contract to:

a. extend the Term an additional 9-months, through July 30, 2024.

b. increase the Maximum Not-to-Exceed (�NTE�) Compensation an additional $25,000.

b. Background:

July 2014: DAS PS issued the Contract, which resulted from an intermediate procurement process conducted in accordance with Oregon Revised Statute (�ORS�) 279B.070 and Oregon Administrative Rule (�OAR�) 125-247-0270.

December 2022: DAS PS submitted SP #REQ-10700-00030791, attached hereto as �SP_Attachment-1�, which sought approval to extend the Contract Term through October 31, 2023, and increase the Maximum NTE Compensation to $175,000. This request was to support a formal procurement process to establish a new contract for the Services. The SP was approved on January 10, 2023.

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January 2023: DAS PS submitted SP #REQ-10700-00033801, Amendment #1, attached hereto as �SP_Attachment-2�, which:

o sought approval to extend the Contract Term 3-months, through February 1, 2024.

o identified a mathematical error made in SP #REQ-10700-00030791 (SP_Attachment-1) and corrected the Contract Maximum NTE Compensation to $185,000.

SP Amendment #1 was approved on January 24, 2023.

Since the approval of SP Amendment #1:

1. A �misstep� occurred when the Contract was not amended to extend the Term through February 1, 2024, as approved in SP Amendment #1 (SP_Attachment-2).

2. DAS PS has been unable to complete the planned, formal procurement process discussed in the original SP Request (SP_Attachment-1) due in large part to staffing and retention challenges.

For additional historical and background information see SP_Attachment-1 and SP_Attachment-2.

c. Current Need:

The Contract erroneously expired October 31, 2023, without further amendment to extend the Term.

�Oregon Reuse� is a major point-of-sale (�POS�) system for DAS Surplus�s operations. Continued system support and maintenance Services are essential until such time as a new procurement process can be completed. This SP Amd-2 seeks approval to:

reinstate the Contract as of October 31, 2023.

Amend the Contract Term through July 30, 2024.

Increase the Contract Maximum NTE Compensation $25,000 for an additional 9-months of Services.

The original SP Request (SP_Attachment-1) specified that DAS PS, on behalf of DAS Surplus, would conduct a new procurement process and estimated a Q1 2023 date range in which a Request for Proposals (�RFP�) would be released on OregonBuys. This �target date� was not attainable due in large part to the staffing and retention challenges that persist in state and local government.

Current RFP Status:

RFP drafting activities and required internal approvals are currently underway.

DAS PS, on behalf of DAS Surplus, anticipates releasing the RFP on OregonBuys in Q1 2024.

Again, the existing Contract must remain in place until this procurement process is completed and a new contract for �Oregon Reuse� system Services is established.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, DAS PS will issue a public notice (the �Notice�) regarding approval of this SP Amd-2 on OregonBuys, the State�s eProcurement system of record, for a period of seven (7) calendar days.

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

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

4. If no protests to this approved SP Amd-2 are received and sustained, DAS PS will proceed with reinstating and amending the Contract as set out in Section 10.a above.

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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�s �Oregon Reuse� POS, including the electronic interface to the public, which supports the sale of State and Federal surplus property.

The modest 9-month Contract Term extension requested in this SP Amd-2 will support the conduct of a formal re-procurement process for continued Services. The opportunity will be conducted open and competitive in accordance with applicable statutes and rules. All providers of the Services may compete for an award.

Contract Amendment #6 was enabled through the approved original SP (SP_Attachment-1). The Contract is, therefore, tied to the SP and the terms and conditions approved therein. Unless the SP is amended to extend the Time Period (section 7 above) and increase the Total Estimated Cost (section 8 above), the Contract cannot be reinstated and amended.

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 process, conducted in accordance with Oregon statutes and administrative rules.

The modest 9-month Contract Term extension will support the conduct of a new procurement soliciting for ongoing �Oregon Reuse� system Services.

The planned, new procurement (RFP) will be structured to substantially support maximum competition among Services providers and will employ processes that do not encourage favoritism.

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:

Through its Oregon Reuse system, DAS Surplus provides a central distribution point for useable personal state and federal property, which is made available to state agencies, local governments, and nonprofit organizations through 'Oregon Reuse�. There are multiple benefits to this reuse/resell program such as:

Reducing waste

Saving resources

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Reducing environmental impact

Cost savings to buyers

The 9-month extension of Services under the existing Contract requested in this SP Amd-2 will support the mission of DAS Surplus and the business needs of its customers.

13. Signature: The actual signature of the Agency Head or designee (e.g., Designated Procurement Officer) is not required on the Request submitted through OregonBuys. Agency may elect to attach a signed Request as a pdf file through OregonBuys or submit a signed hard copy Request.

Signature: _________________ Name/Title: 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 OregonBuys. 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.

4. Upon completion of the Notice (section 1), State Chief Procurement Officer�s approval applies retroactively to October 31, 2023.

APPROVED:

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