SP_DASOBO-108349_Amd-1_OR Intervention System_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT NO.

REQ-DASOBO-00108349, Amendment No. 1

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

1. Requesting Agency Name: Oregon Department of Human Services (“ODHS”), Office of Developmental

Disabilities Services (“ODDS”)

2. Date of Request: 12/06/2024 3. Agency Number: 100800

4. Agency Contact Name: Jason Fong 5. Phone: 971-374-3507

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

7. Amendment Time Period Requested: From: December 31, 2024 To: September 30, 2025

8. Total Estimated Cost for Amendment Time Period: $1,200,000 Note: The Original SP approved an Estimated Cost of $2,776,883. With approval of this SP_Amd-1, the cumulative Total Estimated Cost for this SP will be $3,976,883.

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

Oregon Intervention System (“OIS”) Administration, Maintenance, and Training Services (collectively “Services”)

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

a. Amendment Request:

ODHS requests approval of this Special Procurement (“SP”) #DASOBO-00108349, Amendment No. 1 (“SP_Amd-1”) to reinstate and amend contract #DHS-152705-17 (the “Contract”) issued to Alternative Services – Oregon, Inc. (“ASI” or “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 December 31, 2024.

2. Amend the Contract to:

• extend the Term up to nine months, not to extend beyond September 30, 2025.

• increase the maximum not-to-exceed compensation (the “NTE”) up to an additional $1,200,000, for a cumulative NTE of $3,976,883.

b. Background:

The Oregon Intervention System (“OIS”) is Oregon's system of training and implementing the principles of Positive Behavior Intervention and Support (“PBIS”) and Interventions to staff that support adults and children with Intellectual/Developmental Disabilities (“I/DD”) that may display challenging behaviors. OIS and all materials produced by OIS are the property of ODHS, however ODHS and Contractor collaborate in providing OIS training services.

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Contract History

• 2017: The Contract resulted from an open, competitive procurement (RFP #4264) and was issued for a maximum term of 5-years.

• 2021: ODHS submitted SP Request #DASOBO-21430 (“Original SP”), attached hereto as ‘SP_Attachment-1’, seeking the ability to amend the Contract Term up to three additional years and add related funding to the NTE to support two procurement efforts.

DAS approved the Original SP on March 9, 2022 and ODHS amended the Contract Term through December 31, 2024 and increased the NTE to $2,321,341.

• 2022: ODHS issued the first of two solicitations discussed in the Original SP.

o Request for Proposals (“RFP”) #S-10000-00002400, which was issued on OregonBuys on

August 1, 2022, solicited OIS Curriculum Revision services (referred to as ‘OIS Upgrade” in the Original SP).

o ASI prevailed with an award and the resulting contract #PO-10000-00036037 (ODHS internal #182086) was issued with an Effective Date of July 1, 2024.

o OIS curriculum revisions (upgrades) are estimated to be completed, with the new program piloted and accepted by ODDS, in March 2025. This ‘upgrade’ work is being funded by ARPA (American Rescue Plan Act of 2021) grant money, so it must be completed by March 31, 2025.

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

c. Current Need:

The second solicitation, as outlined in the Original SP, is pending the completion of the OIS Upgrade, which must be finished by March 31, 2025, to comply with related ARPA grant funding requirements. Until then, the Services provided under the Contract must remain in place. ODDS plans to:

• reinstate and amend the Contract as outlined in Section 10.a above with DAS approval of this SP_Amd- 1.

• release the next (second) solicitation on OregonBuys in Q1 2025 (est.).

• execute a new contract for the upgraded OIS system Services by July 1, 2025, or sooner.

d. Proposed Contracting Procedure:

• As required by Oregon Administrative Rule (“OAR”) 125-247-0287, ODHS will issue a public notice (the “Notice”) on OregonBuys for a period of seven (7) calendar days, regarding approval of this SP_Amd-1.

• The Notice will include provisions that any affected party may protest approval of this SP_Amd-1.

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

• If no protests to this SP_Amd-1 are received and sustained, ODHS will reinstate amend the Contract as set out in Section 10.c above.

• ODHS will work with DAS Enterprise Information Services’ (“EIS”) and obtain its endorsement

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• Pursuant to OAR 137-045-0015, ODHS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to reinstating and executing the Contract amendment, as required.

11. Justification for use of Special Procurement:

With approval of the Original SP (SP_Attachment-1) and subsequent amendment of the Contract, the Contract became bound to the terms of the SP. Therefore, the Contract cannot be amended as outlined in Section 10.a above, without first obtaining DAS approval through an SP Amendment Request.

OIS plays a crucial role in ensuring the health and safety of ODDS clients by offering an evidence-based framework for caregivers and professionals supporting individuals with intellectual and developmental disabilities. It equips them with the skills to prevent and respond to challenging behaviors using positive behavior support techniques. Ultimately, OIS enhances the quality of life and safety for individuals with I/DD while honoring their dignity and respecting their unique needs.

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:

Established Vendor Performance: ASI has successfully provided OIS training under the Contract for the past 7-years and is currently assisting ODHS with the OIS Upgrade project, slated for completion in March 2025. ASI’s proven success in delivering OIS Services supports the continuing conclusion that it is the most qualified Services provider to support the State’s OIS program through the next, planned solicitation. The solicitation will be:

• structured to ensure maximum competition possible. All providers of the requisite Services will have the opportunity to compete for an award.

• issued on OregonBuys in Q1 2025 (est.). OregonBuys currently holds a roster of 32,000 vendors.

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. The upcoming procurement for Services related to the upgraded OIS system will follow the guidelines set forth in ORS 279B.055, 279B.060, or 279B.070.

However, this SP_Amd-1 seeks approval to amend the Original SP and associated Contract, which can only be solicited and approved through a Special procurement request under ORS 279B.085.

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Training is crucial for caregivers of individuals with I/DD because it equips them with the necessary skills to provide safe, effective, and compassionate care, which includes understanding the specific needs of the person they are caring for, proper communication techniques, managing challenging behaviors, and promoting the individual's independence, ultimately improving the quality of life for both the caregiver and the person with I/DD. Approval of this SP_Amd-1 substantially promotes the best interests of ODHS, caregivers, individuals with I/DD and, by extension, their families, friends, and others.

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 OregonBuys. Agency may elect to attach a signed Request.

Signature: e.g. Electronically in OregonBuys 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 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 PPO’s approval applies retroactively to December 31, 2024.

APPROVED:

Jay Jackson, Procurement Policy Officer (“PPO”) Date Department of Administrative Services

02/23/2025