SP_DASOBO-107110_Criminal-DrivingRecordsCheckSvcs_Approved.pdf

SP_DASOBO-107110, OPRD Criminal Records & Driving Records Checks Services Page 1 of 5

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-107110

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

1. Requesting Agency Name: Oregon Parks & Recreation Department (“OPRD”)

2. Date of Request: November 27, 2024 3. Agency Number: 63400

4. Agency Contact Name: Winona Butler 5. Phone: 503-779-7834

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

7. Time Period Requested: From: January 3, 2025 To: December 31, 2025

8. Total Estimated Cost: $135,000

Note: With approval of this SP and execution of the anticipated Contract Amendment #5, the cumulative Contract Maximum Not-to-Exceed Compensation (the “NTE”) will be $610,000.

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

Criminal Records and Driving Records Check Services (collectively “Services”)

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

a. Request:

OPRD requests approval of this Special Procurement #DASOBO-107110 (the “SP”) to reinstate and amend contract #8050 (“Contract”), issued to Advanced Reporting, LLC (“Contractor”), as follows:

1. Reinstate the Contract in accordance with Oregon Administrative Rule (“OAR”) 736-147-0070, making the Contract in full force and effect, with an Effective Date of January 3, 2025.

2. Amend the Contract to:

a. extend the Term for periods up to 12-months, not to extend beyond December 31, 2025.

b. increase the Maximum Not-to-Exceed (“NTE”) Compensation up to an additional $135,000.

b. Background:

In accordance with Oregon Revised Statutes (“ORS”) Chapter 390 and Oregon Administrative Rules

(“OARs”) Chapter 736, OPRD conducts criminal record and driving record checks for the following individuals (collectively “subject individuals”):

• Regular (non-seasonal) agency employees and new hires.

• Seasonal employees – typically onboarded between Memorial Day through Labor Day to accommodate the increased parks visitation season.

• Volunteers – such as:

o Live-in Camp Hosts

SP_DASOBO-107110, OPRD Criminal Records & Driving Records Checks Services Page 2 of 5 o Friends Groups - nonprofit organizations that help individual parks by raising money, operating small stores or museums, conducting interpretive programs, planning special events, and so on.

o Conservancy Groups – individuals and groups that adopt a wayside, park, trail, disc golf course or other park area and work with the park manager to develop, maintain, and enhance that park’s special features.

• Licensees - such as park concessionaires.

• Contractors

The Services, provided under the Contract until its recent expiration, are conducted for approximately 2,600 subject individuals annually. The busiest months for these Services are

February through June, with OPRD requesting an average of 315 transactions per month.

c. Current Need:

The Contract was issued on January 3, 2018, for a maximum term of seven years, and expired on

January 3, 2025. In advance of its expiration, OPRD issued formal Request for Proposals (“RFP”) No.

S-63400-00011461 on September 25, 2024, seeking continued Services. The RFP was unsuccessful and OPRD canceled it on November 22, 2024.

• OPRD intends to revise the opportunity and resolicit for the Services.

• OPRD anticipates issuing the next solicitation on OregonBuys in Q2 2025.

• Until the next procurement process is completed, OPRD must maintain access to the Services to fill the gap.

Through this SP, OPRD seeks approval to reinstate and amend the Contract as outlined in section 10.a above, to support the upcoming procurement process.

d. Proposed Contracting Procedure:

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

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

4. If no protests are received or sustained, OPRD will proceed with reinstating and amending the

Contract as outlined in Section 10.a above.

5. OPRD will work with DAS Enterprise Information Services’ (“EIS”) and obtain its endorsement before reinstating and amending the Contract, if required.

6. As required by ORS 291.047 and related administrative rules, OPRD will work with Oregon

Department of Justice (“DOJ”) and obtain its legal sufficiency approval before reinstating and amending the Contract, if required.

11. Justification for use of Special Procurement:

The Contract reached it maximum term and expired on January 3, 2025, in accordance with its provisions. The only procurement method available, through which the Contract can be reinstated and amended to extend its term and increase the NTE, is a Special Procurement. The modest 1-year

SP_DASOBO-107110, OPRD Criminal Records & Driving Records Checks Services Page 3 of 5 extension requested in this SP will ensure continued Services until a new procurement process is completed.

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:

Approval of this SP will support continued Services for a brief period while OPRD conducts a new procurement in accordance with Oregon’s Public Contracting Code set out in ORS Chapters 279A, 279B, and 279C.

• The solicitation document(s) are being developed to encourage and support maximum competition.

• The solicitation will be advertised on OregonBuys, the State’s eProcurement system of record, which currently holds a roster of 32,000 vendors (aka Suppliers).

• OPRD anticipates issuing the solicitation in Q2 2025.

• All providers of the requisite Services may compete for an award.

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:

These statutes (ORS 279B.055 – 279B.070) set forth the laws applying to Small, Intermediate, and competitive sealed (aka ‘formal’) procurements. Although a new procurement is discussed throughout this SP Request, which will be conducted in accordance with either ORS 279B.055 or

279B.060, the primary purpose of this SP is to obtain DAS-approval to reinstate and maintain the

Contract until the forthcoming procurement process has been completed.

Conducting criminal records checks and driving records checks for OPRD subject individuals is crucial to:

• ensuring the safety of park visitors. State parks often attract vulnerable populations like families with children and elderly patrons.

• protecting park property and preventing vandalism, property damage, and theft of park equipment.

• maintaining a safe and secure environment, enhancing the visitor experience and building trust in the park system.

Approval of this SP Request will support OPRD’s compliance with Oregon statutes and substantially promote the best interests of all Oregonians and visitors to Oregon’s state parks.

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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: e.g. Electronically in OregonBuys 11/27/24____

Name/Title: Bill Beaty, DPO 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. 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. Upon completion of the Notice (section 1), the DAS Procurement Policy Officer’s approval of this

SP applies retroactively to the Effective Date (January 3, 2025) of the next issued Contract amendment.

APPROVED:

Jay Jackson, Procurement Policy Officer Date

Department of Administrative Services

02/19/2025