SP_REQ-DASOBO-00016741_Clima-Tech_ALC WebCRTL SW Svcs.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00016741

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

1. Requesting Agency Name: Oregon Department of Administrative Services (“DAS PS”) on behalf of Oregon Department of Corrections (“ODOC”)

2. Date of Request: February 17, 2022 3. Agency Number: 107090

4. Agency Contact Name: Arlene Whitney 5. Phone: 503.779.9641

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

7. Time Period Requested: From: April 30, 2022 To: April 30, 2032

8. Total Estimated Cost: $97,400

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

Automated Logic Corporation (“ALC”) WebCTRL® Software Subscription and Support Services

10. Request, Background and Proposed Contracting Procedure:

a. Request:

DAS PS, on behalf of ODOC, is requesting approval of this Special Procurement (“SP”) #REQ- DASOBO-00016741 to directly award a contract (“Contract”) to Clima-Tech Oregon (“Clima-Tech”) for continued WebCTRL® Software Subscription and Support Services (“S&S”) for ODOC’s Deer Ridge Correctional Institution (“DRCI”). The Contract Term will be up to 10 years, with S&S renewed every two years.

b. Background:

ODOC’s mission echoes the Oregon constitution: To promote public safety by holding offenders accountable for their actions and reducing the risk of future criminal behavior. ODOC has custody of adults sentenced to prison for more than 12-months and houses approximately 14,900 adults in 14 state prisons throughout Oregon including DRCI.

The DRCI men’s prison, located in Madras, Oregon, was constructed in 2006 and opened in 2007.

Facility construction included installation of ALC’s heating, ventilation, and air conditioning (“HVAC”) system and on premise WebCTRL®; a building automation system.

• WebCTRL® provides facility managers with software tools to keep occupants comfortable, manage energy conservation measures, identify key operational problems, and analyze the results.

• WebCTRL® is a proprietary software product of ALC and is supported solely by a local ALC Branch or Dealer. Clima-Tech is the ALC Dealer for Oregon and Southwestern Washington (see SP “Attachment-1”).

• The initial WebCTRL® S&S term was five years; 2006 - 2011.

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2012: To continue S&S beyond the initial five-year Term, ODOC conducted Sole Source procurement #291-4067-12 on the Oregon Procurement Information Network (“ORPIN”), the State’s eProcurement system of record at that time, in accordance with OAR 125-247-0275. Contract #291-4107-12 was issued to Clima-Tech for:

S&S renewal Term: July 1, 2011 to June 30, 2016 Maximum not-to-exceed (“NTE”) Compensation: $32,140

2016: Again, to procure ongoing S&S, ODOC conducted Sole Source procurement #291-1104-16 on ORPIN in accordance with OAR 125-247-0275 and issued Contract #291-1160-16 to Clima-Tech for:

S&S renewal Term: July 1, 2016 to June 31, 2022 Maximum NTE Compensation: $56,760

c. Current Need:

The ALC HVAC and WebCTRL® building automation systems are still in use, functioning well, and sufficiently meeting ODOC’s needs. ODOC has no foreseeable plans to replace either system and requires ongoing WebCTRL® Base Level S&S as set out in Clima-Tech’s Service Agreement attached hereto as Attachment-2.

WebCTRL® Base Level S&S is $9,740 per year. This SP Request seeks to directly Contract with Clima-Tech for 10-years with a maximum NTE compensation of $97,400.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, DAS PS, on behalf of ODOC, will issue a public notice

(“Notice”) of the approved SP on OregonBuys, the State’s current 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 the SP.

3. DAS PS, working with ODOC, will respond to and resolve all protest(s), if any.

4. If no protests to this SP are received or sustained, DAS PS, on behalf of ODOC, will proceed with directly awarding, negotiating and issuing the contract to Clima-Tech for the WebCTRL® Software S&S as set out in this SP and its Attachment-2.

5. Pursuant to OAR 137-045-0015, DAS PS will work with Oregon Department of Justice (“DOJ”) and obtain legal sufficiency approval prior to executing the Contract and all Contract Amendments for annual S&S renewals, if any.

11. Justification for use of Special Procurement:

The decision to use WebCTRL® along with ALC’s HVAC system was made prior to or during construction of the DRCI facility in 2006.

• Changing software and hardware for the ALC HVAC system, including the WebCTRL®, would be cost prohibitive based not only on the price of a new system, but the years of training ODOC staff have received for operations and maintenance of the system.

• Implementing a completely new HVAC system for a correctional facility would necessarily require vacating the premises and temporarily rehousing the adults in custody (“AICs”) while the work is being done.

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WebCTRL® is a proprietary software product of ALC and is supported solely by a local ALC Branch or Dealer. Clima-Tech is the ALC Dealer for Oregon and has been the sole provider of WebCTRL® Software S&S at DRCI for the past 15+ years.

Maintaining the existing WebCTRL® system is crucial to ensuring the ALC HVAC system runs smoothly for all DRCI staff and AICs.

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:

Clima-Tech is the only authorized dealer in Oregon for the ALC HVAC and WebCTRL® systems (see SP Attachment-1).

and

__X_____(b)(i) will result in substantial cost savings to the contracting agency or to the public because:

Transitioning to a different HVAC and automated building control system would likely cost over $2,000,000, not including costs related to vacating the DRCI facility and temporarily rehousing the AICs. Maintaining ODOC’s significant investment to date, as demonstrated in Table 12.B below, is the most efficient use of taxpayer funds.

TABLE 12.B

ALC HVAC and WebCTRL® systems Expenditures To Date

Description Total Cost

Initial 2006 Procurement of ALC HVAC and WebCTRL® Systems (including 5 years of Software S&S)

$1,575,485

Annual S&S Term: July 1, 2011 to June 30, 2016 Contract #291-4107-12

$32,140.00

Annual S&S Term: July 1, 2016 to June 31, 2022 Contract #291-1160-16

$56,760.00

TOTAL SPEND TO DATE: $1,664,385.00

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:

ODOC operates under the authority of Oregon Revised Statute (“ORS”) chapter 423 and is responsible for the central administration of state correctional institutions. ORS 423.020(1)(a) specifically charges ODOC to “Supervise the management and administration of the Department of Corrections Institutions, parole and

SP_REQ-DASOBO-00016741_WebCTRL® Software S&S Page 4 of 5 probation services, community corrections and other functions related to state programs for corrections.” To manage the DRCI facility and maintain the comfort of its occupants, ODOC staff have leveraged ALC’s WebCTRL® building automation system for the last 15-years.

• As demonstrated in Table 12.B above, ODOC has invested in excess of $1.6 million into the DRCI facility HVAC and WebCTRL® systems.

• ODOC’s maintenance staff working at DRCI have received 15-years of WebCTRL® maintenance instruction and can perform such maintenance onsite to keep the system running.

• ODOC has no plans to replace the existing HVAC and WebCTRL® systems in the foreseeable future.

• Implementing a new HVAC system with building automation capabilities at DRCI would be a massive undertaking including but not limited to:

o ODOC staff and adults in custody (“AICs”) vacating the facility.

o Temporary placement of AICs in other correctional institutions until the implementation is completed.

o Planning for seamless continuation of AIC’s health and medical care, addiction treatment, education, work opportunities, and so on, while temporarily housed in other correctional facilities.

Maintaining the existing WebCTRL® Software S&S for the ALC HVAC system installed at the DRCI facility is in the best interest of the State, ODOC, AICs housed at DRCI, and Oregon citizens.

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 ORPIN. Agency may elect to attach a signed Request.

Signature: e.g. Electronically in ORPIN _________________ 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 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

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00016741