SP_REQ-10700-00035551_Amd-1_Green Janitorial PAs_Approved.pdf

SP_REQ-10700-0003551, Amendment #1_Green Janitorial Supplies, Products, Equipment Page 1 of 5 (formerly SP-1299-21)

REQUEST FOR SPECIAL PROCUREMENT No. REQ-10700-0003551

Amendment No. 1

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: March 8, 2023 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. Amendment Time Period Requested: From: June 30, 2023 To: June 30, 2024

8. Total Estimated Cost for Amendment Time Period: $5,000,000

Note: The Total Estimated Cost approved in original SP-1299-21 is $10,000,000. With approval of this SP REQ-10700-0003551, Amendment #1, the Total Estimated Cost will be $15,000,000 collectively.

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

Environmentally preferable (“Green”) janitorial supplies, industrial paper products, and equipment

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

a. Amendment Request:

DAS PS requests approval of this Special Procurement (“SP”) #REQ-10700-0003551 (formerly SP- 1299-21), Amendment #1 to extend the Term of the following Price Agreements (the “PAs”) one additional year; through June 30, 2024.

Table 10.a.1

Price Agreement Number Price Agreement Holder

3401 Staples Contract & Commercial LLC

3402 Waxie’s Enterprises, Inc.

PO-10700-00005744

(formerly 9275)

HD Supply

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b. Background:

• 2013: DAS PS established the PAs through a formal procurement process on behalf of State agencies, Oregon Cooperative Procurement Program (“ORCPP”) members, Washington State agencies and the Washington State Purchasing Cooperative (“WSPC”).

• 2021: SP-1299-21, attached hereto as ‘SP_Attachment-1’, was approved and enabled a 2-year Term extension of the PAs through June 30, 2023 to allow sufficient time to complete a competitive procurement and establish a new set of price agreements.

• 2022: Due to staff turnover, development of the new procurement did not commence until March 2022.

o March: The Sourcing Team, comprised of six (6) states, started gathering information on the changing markets to start drafting a new solicitation.

o May: The Lead State (Oregon) Contract Administrator changed.

o June: The Sourcing Team, Lead State and NASPO ValuePoint™ conducted (13) annual supplier meetings.

o July: The Sourcing Team conducted market research to be used in drafting the new solicitation, including but not limited to sustainability product research, data collection, and market research.

• 2023: Solicitation drafting activities are in process and nearing completion.

For additional historical and background information see SP_Attachment-1.

c. Current Need:

When the Sourcing Team completes the solicitation drafting activities, and before DAS PS can issue it on OregonBuys, the state’s eProcurement system, the NASPO ValuePoint™ Board must first approve it. Following is the estimated timeline to complete the procurement and establish a new set of price agreements:

• Q2 2023: Approval to proceed from the NASPO ValuePoint™ Board.

• Q3 2023: Solicitation issued on OregonBuys.

• Q2 2024 (or sooner): New set of price agreements executed.

A 1-year Term extension of the PAs set out in Table 10.a.1 above will ensure authorized purchasers have a means to procure environmentally preferable janitorial supplies, industrial paper products and equipment without interruption and will support completion of the procurement process currently underway.

d. Proposed Contracting Procedure:

DAS PS will use the following process:

1. DAS PS will issue a public notice (“Notice”) regarding approval of this SP Amendment #1 for a period of 7 calendar days on OregonBuys as required by Oregon Administrative Rule

(“OAR”) 125-247-0287.

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2. The Notice will include provisions that any affected party may protest the approval of this SP Amendment #1.

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

4. If no protests are received and sustained, DAS PS will proceed with amending the PAs and extending their Terms through June 30, 2024.

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

The procurement currently in process must be completed and a new set of price agreements established for green janitorial supplies, products, and equipment before expiring the (3) existing PAs.

The 1-year Term extension requested in this SP Amendment #1 will support procurement efforts currently underway and Authorized Purchaser’s continued access to these commodities through the existing PAs.

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 Request for Proposal that established the PAs was a competitive solicitation that was publicly noticed on the Oregon Procurement Information Network (“ORPIN”), the state’s former eProcurement system.

• The solicitation currently being developed will:

o be issued on OregonBuys Q3 2023.

o be structured to encourage maximum competition to the extent possible.

o enable all providers of the requisite products and services to compete for a contract (price agreement).

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:

A Special Procurement is the only sourcing method available through which the existing (3) PAs can be amended to extend their Terms for one additional year.

The same facts and findings detailed in SP_Attachment-1 apply.

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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 _________________ 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 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. 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:

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