SP_REQ-DASOBO-00023326_A1_Ex.pdf

SP_REQ-DASOBO-00023326, Amd-1_Outreach and Community Involvement w/CBOs Page 1 of 5 (formerly SP-REQ-DASOBO-00016059)

REQUEST FOR SPECIAL PROCUREMENT No.

REQ-DASOBO-00023326, Amendment No. 1

(Formerly SP_REQ-DASOBO-00016059)

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

1. Requesting Agency Name: Oregon Department of Transportation (“ODOT”)

2. Date of Request: 12/14/2021 3. Agency Number: 73000

4. Agency Contact Name: BJ McCartney 5. Phone: 503-986-4286

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

7. Amendment Time Period Requested: From: August 15, 2021 To: September 30, 2028

Note: The Time Period remains unchanged from the original, approved SP #REQ-DASOBO-00016059.

8. Total Estimated Cost for Amendment Time Period: $3,000,000.00

Note: Original Special Procurement (“SP”) No. REQ-DASOBO-00016059 (“Original SP”) was approved for a Total Estimated Cost of $500,000.00. This SP No. REQ-DASOBO-00023326 (formerly

REQ-DASOBO-00016059), Amendment #1 seeks to add an additional $2,500,000.00 for a cumulative

Total Estimated Cost of $3,000,000.00.

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

Outreach and Community Involvement with Community Based Organizations (“CBOs”)

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

a. Amendment Request:

ODOT requests approval of this SP Amendment #1 to increase the cumulative not-to-exceed amount

(“NTE”) for all price agreements (“PAs”) awarded in accordance with this “SP” from $500,000.00 to

$3,000,000.00.

b. Background:

ODOT routinely seeks input on its projects, plans, policies, and administrative rules from Oregon communities through their participation in ‘community feedback channels’ including:

• Advisory Committees

• Focus Groups

• Workshops

• Evaluation Panels

As part of ODOT’s Equitable Engagement Compensation Program (“EECP”), Oregonians who participate in community feedback channels are compensated $20 - $30 per hour in one of three ways:

• Incentives: one-time payments, typically given to participants for one-time activities, like focus groups.

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• Stipends: payments for recurring activities, like advisory committees

• Community Engagement Contracts: contracts (PAs) between ODOT and an individual or a community-based organization for specific deliverables.

These payments help break through cost barriers to participation and allows more people to give input, making for more equitable engagement and better decision-making for the people living in the community.

On August 27, 2021, Oregon Department of Administrative Services (“DAS”) approved the Original

SP, attached hereto as Attachment-1, which permits ODOT to execute PAs (Community Engagement

Contracts) with multiple 501(c)(3) organizations (CBOs) for purposes of community feedback channels.

For additional historical and background information see Attachment 1, Original SP No. REQ-DASOBO-00016059.

c. Current Need:

Since the approval of the Original SP, ODOT has been working to build out EECP documents, procedures, and expectations for work. During this process, feedback from internal ODOT programs and direction from ODOT’s Office of Social Equity has made it clear that the total estimated cost requested and approved in the Original SP was underestimated at $500,000.00. Contributing to this miscalculation:

1. PAs will not only include CBO compensation but also the cost for services.

2. When the Original SP was approved, the EECP was in the very beginning stages of development, with much of the programmatic leg work yet to be undertaken. Now that EECP is more fully operational, its engagement with other ODOT units has disclosed the need for increased CBO funding, which was not originally foreseen.

3. ODOT has received a large amount of Infrastructure Investment and Jobs Act (“IIJA”) funding. IIJA funding will be used for a substantial number of ODOT projects that will require public outreach. The award of IIJA funding and the related impact (increase) on

ODOT’s project workload could not have been forecasted in ODOT’s original estimates.

To sufficiently fund CBO engagement, ODOT requests an increase of $2.5 Million to the SP Total

Estimated Cost; for an amended, cumulative Total Estimated Cost of $3,000,000.

To align with the Equitable Engagement Compensation Policy, this SP Amendment #1 also seeks to amend the definition of ‘Community-Based Organization’ set out in Original SP section 10.c, Proposed Contracting Procedure, Paragraph 3, subparagraph b as follows (new language is indicated in bold font and underlining and deleted language is indicated by strikethrough):

“b) Is a Community-Based Organization – defined as a public or private nonprofit organization that

(A) is representative of a community, or significant segment of a community; and (B) provides

Educational, technical, financial assistance, advocacy, arts, civic, cultural, health and human service, or related services to individuals or groups in the community. – with an interest in transportation, social, and climate equity;”

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d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, ODOT will issue a public notice regarding approval of this SP Amendment #1 on the OregonBuys eProcurement system for a period of seven (7) calendar days.

2. The public notice will include provisions that any affected party may protest the approval of this

SP Amendment #1.

3. Oregon Department of Administrative Services (“DAS”), Procurement Services, working with

ODOT, will respond to and resolve all protests, if any.

4. If no protests to this approved SP Amendment #1 are received or sustained, ODOT will proceed with the approved alternate procurement process as set out in Original SP Section 10.c within the amended Total Estimated Cost of $3 Million (see Section 8 above).

5. Pursuant to OAR 137-045-0015, ODOT will work with the Oregon Department of Justice

(“DOJ”) and obtain legal sufficiency approval prior to executing PAs, if required.

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

Special Procurement. Attach relevant documentation.

As part of ODOT’s continued commitment to social equity, and in support of Governor Brown’s

Executive Order 17-11, ODOT’s EECP still has need to direct award PAs to qualifying CBOs. This

SP Amendment #1 Request seeks only to reflect more accurately the anticipated spend under the

PAs and amend the definition of ‘Community-Based Organization’.

The same findings and justification statements set out in SP Attachment-1, Original SP No. REQ-

DASOBO-00016059, still apply to this SP Amendment #1 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:

In accordance with the alternate procurement process previously approved by DAS in the Original

SP, all CBOs meeting the criteria described in ODOT’s advertisement posted on OregonBuys will be offered a PA.

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:

This SP Amendment #1 Request supports government transparency and reflects more accurately:

1. The level of CBO engagement ODOT needs for its increased project workload; and

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2. the funds ODOT expects to spend under the executed PAs.

Most marginalized communities know what they need. The procurement process set out in this SP seeks to remove access and compensatory barriers and engage as many CBO’s as possible so that their voices can be heard, and their input can be included in ODOT’s decision-making processes.

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.

3. ODOT shall track all expenditures related to any resulting Price Agreements, Contracts or

Amendments for the requested Services listed in this SP Amendment-1 Request. ODOT shall report to DAS PS all expenditures on an annual basis while the SP is in effect.

4. ODOT will obtain Oregon Department of Justice (“DOJ”) legal sufficiency review and approval, as may be required.

APPROVED:

Kelly Mix, State Chief Procurement Officer Date

Department of Administrative Services