SP_Attachment-4_SP_Amd-3_10700-85111.pdf

SP_REQ-10700-00048624, Amd-3, Oregon Reuse_Filemaker (Original SP: 10700-30791; SP Amd-1: 10700-33801; SP Amd-2: 10700-48624)

REQUEST FOR SPECIAL PROCUREMENT No.

REQ-10700-00085111, Amendment No. 3

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

1. Requesting Agency Name: Department of Administrative Services, State Procurement Services (“DAS SPS”) on behalf of DAS State Surplus Property (“SSP”)

2. Date of Request: 8/1/2024 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: January 31, 2023 To: July 30, 2025

8. Total Estimated Cost for Amendment Time Period: $25,000 Note: With approval of this SP Amd-3 Request and execution of the anticipated Contract Amendment #7, the cumulative Contract Maximum NTE Compensation (the “NTE”) will be $235,000.

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

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 SPS, on behalf of DAS SSP, requests approval of this Special Procurement (“SP”) REQ-10700- 00085111, Amendment No. 3 (“Amd-3”) to reinstate and amend Contract #4209 (“Contract”) issued to Direct Impact Solutions USA, Inc. (“Contractor”) as follows:

1. Reinstate the Contract in accordance with Oregon Administrative Rule (“OAR”) 125-246-0570, making the Contract in full force and effect, with an Effective Date of October 31, 2023.

2. Amend the Contract to:

a. extend the Term an additional 12-months, through July 30, 2025.

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

b. Background:

July 2014: DAS Procurement Services (“DAS PS”), now DAS State Procurement Services or ‘DAS SPS’, 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 (“Original SP”), 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.

o The SP was approved on January 10, 2023.

January 2023: DAS PS submitted SP #REQ-10700-00033801, Amendment #1 (“SP Amd-1”), attached hereto as ‘SP_Attachment-2’, which sought approval to extend the Contract Term 3-months, through February 1, 2024, identified a mathematical error, and established a corrected NTE of $185,000.

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

o Contract Amendment #6 was executed January 27, 2023, and effectively amended the Term through October 31, 2023, and increased the NTE to $184,830.

• October 2023: DAS PS submitted SP #REQ-10700-00048624, Amendment #2 (“SP Amd-2”), attached hereto as ‘SP_Attachment-3’, which sought approval to reinstate and amend the Contract to extend the Term through July 31, 2024, and increase the NTE an additional $25,000.

o SP Amendment #2 was approved on December 5, 2023.

Since the Approval of SP Amendment #2:

1. The Contract reinstatement and amendment to extend the Term through July 31, 2024, and increase the NTE to $209,830 did not proceed as anticipated.

2. The activities to prepare the next Request for Proposal (“RFP”) for ongoing maintenance and support services for the ‘Oregon Reuse’ (Filemaker) relational database application - discussed in the Original SP and its Amendments 1 and 2 (SP_Attachments 1-3), are nearing completion.

Issuance of the RFP is anticipated within the next 30 calendar days.

For additional historical and background information see SP_Attachments 1-3.

c. Current Need:

“Oregon Reuse” is a major point-of-sale (“POS”) system for DAS SSP’s daily operations. Unaware that the Contract was not reinstated and amended as requested and approved in SP_Amd-2, DAS SSP continued to obtain and pay for Services under the Contract. To resolve the issues that have arisen and to sustain the “Oregon Reuse” system until the new procurement process is fully implemented (see the ‘Estimated RFP Schedule of Events’ directly below), DAS SPS - on behalf of DAS SSP - seeks approval of this SP_Amd- 3 to reinstate and amend the Contract as discussed in section 10.a above.

Estimated RFP Schedule of Events:

• Q3 2024 (est.): DAS SPS will issue the RFP on OregonBuys, the State’s eProcurement system of record.

• Q4 2024 (est.): DAS SPS will lead the Proposal Evaluations phase.

• Q1 2025 (est.): DAS SPS, on behalf of DAS SSP, may execute a new contract resulting from the RFP.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, DAS SPS will issue a public notice (the “Notice”) on OregonBuys regarding approval of this SP Amd-3 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-3.

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

4. If no protests to this approved SP Amd-3 are received and sustained, DAS SPS, on behalf of DAS SSP, will proceed with reinstating and amending the Contract as set out in Section 10.a above.

5. DAS SPS and DAS SSP 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 SPS will work with Oregon Department of Justice (“DOJ”) and obtain its legal sufficiency approval prior to executing the Contract amendment, as required.

DAS SPS will also work with DOJ if Ratification of the Contract is required in accordance with Oregon Revised Statute (“ORS”) 291.049 and OAR 137-045-0090.

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

With the approval of the Original SP (SP_Attachment-1) in January 2023 and subsequent amendment of the Contract (Amendment #6), the SP and the Contract became intertwined.

Therefore, the Contract cannot be reinstated and amended as outlined in Section 10.a above, without first obtaining approval of this SP_Amd-3 Request.

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 planned, new procurement (RFP) is anticipated to be issued on OregonBuys in September or October 2024.

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

o OregonBuys currently holds a roster of approximately 30,000 vendors (aka Suppliers).

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:

The ‘Oregon Reuse’ system is mission critical to DAS SSP’s operations. Used state and federal personal property items that still have a useful life are made available to state agencies, local governments, and nonprofit organizations at reduced prices. By leveraging this program:

• Reuse of excess personal property is maximized.

• Eligible government agencies and nonprofit organizations can stretch their budgets further.

• Landfill space is saved.

Approval of this SP_Amd-3 Request for continued maintenance and support Services for the ‘Oregon Reuse’ system substantially promotes the public’s interests.

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

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 SP Amd-3 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 SP Amd-3.

2. ORS 279A.165 Requirements. Agency shall comply with the requirements of ORS 279A.165 and OAR 125-247-0287(12) regarding a report about this SP Amd-3. Agency shall use a form and follow the instructions provided by the State Chief Procurement Officer or delegate.

3. Upon completion of the Notice (section 1), the DAS Procurement Policy Officer’s (“DAS PPO”) approval of this SP Amd-3 applies retroactively to the Effective Date (October 31, 2023) of the next issued Contract Amendment #7.

Note: The DAS PPO’s approval of this SP Amd-3 does not apply to payments made for work performed between the expiration of the Contract (October 31, 2023) and the execution date of the next issued Contract Amendment #7 resulting from this SP Amd-3.

APPROVED:

Jay Jackson, Procurement Policy Officer Date Department of Administrative Services

11/22/2024