SP_REQ-DASOBO-00026048_PbS Services_OYA_Approved.pdf

SP_REQ-DASOBO-00026048, Amd-1_PbS Learning Institute Services Page 1 of 6 (formerly SP-975-17)

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00026048

Amendment No. 1

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

1. Requesting Agency Name: Oregon Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of Oregon Youth Authority (“OYA”).

2. Date of Request: June 14, 2022 3. Agency Number: 107090

4. Agency Contact Name: Laure Konseibo 5. Phone: 971-349-2359

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

7. Amendment Time Period Requested: From: June 30, 2023 To: June 30, 2028

8. Total Estimated Cost for Amendment Time Period: $442,000

With approval of this SP Amendment #1 Request and the anticipated Contract Amendment(s), the Contract Maximum not-to-exceed (“NTE”) Compensation will be $1,024,000 as demonstrated in the following Table 8.A.

TABLE 8.A

Description Amount Amended into Contract

Cumulative Contract NTE Compensation

Contract #13260 (at execution) $150,000 Contract Reinstatement & Amendment (Re-numbered from #13260 to #7722)

$144,000 $294,000

Contract #7722 Amendment #1 $150,000 $444,000

Contract Amendment #2 $3,000 $447,000

Contract Amendment #3 $79,000 $526,000

Contract Amendment #4 $20,750 $546,750

Compensation required to complete Services Term Year 8: 10/1/2022 – 6/30/2023

$62,250 $609,000

Anticipated Services Terms:

Year 9: 7/1/2023 – 6/30/2024 Year 10: 7/1/2024 – 6/30/2025 Year 11: 7/1/2025 – 6/30/2026 Year 12: 7/1/2026 – 6/30/2027 Year 13: 7/1/2027 – 6/30/2028

$83,000/per year Cumulatively:

$415,000

$1,024,000

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

Survey Kiosks (Supplies) and National Database Access, Helpdesk, Consultation, and Training (“Services”)

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

a. Amendment Request:

DAS PS on behalf of OYA requests approval of this Special Procurement (“SP”) #REQ-DASOBO- 00026048 (formerly SP-975-17), Amendment No. 1 to amend Contract No. 7722 (“Contract”) issued to PbS Learning Institute, Inc. (“PbS” or “Contractor”) as follows:

Extend the Term for periods up to five (5) additional years through June 30, 2028; and

Increase the Maximum Not-to-Exceed (“NTE”) Compensation an additional $442,000, for a cumulative Maximum NTE Compensation of $1,024,000.

b. Background:

OYA is part of Oregon’s juvenile justice system, serving youth through community supervision, youth correctional facilities, and youth transitional facilities across the state. Its mission is to protect the public and reduce crime by holding youth accountable and providing opportunities for reformation in safe environments. OYA uses data, research, and analytics to inform its decisions on how to deliver the right services to the right youth for the right amount of time.

2015: OYA conducted sole source procurement #415-1019-15 and contracted with PbS to implement PbS standards at several of its facilities as a system of quality assurance designed to produce quality outcomes for juvenile offenders. Contract #13260 was executed May 22, 2015, and expired June 30, 2017.

2017: DAS PS on behalf of OYA submitted original SP-975-17 (“SP Attachment-1”) seeking approval to reinstate and amend the Contract:

extending the term six years; 7/1/2017 – 6/30/2023 increasing the Maximum NTE Compensation to $582,000

For additional historical and background information see SP Attachment-1, Original SP-975-17.

c. Current Need:

OYA continues to view the Services provided by PbS as critical for the success of OYA youth as well as juvenile justice as a whole. As of 2022, OYA has determined through internet research that PbS continues to provide a unique service that is not offered by other entities. Specifically, through OYA’s ongoing participation in PbS’ continuous improvement cycle, OYA can carry on with conducting outcomes analyses and compare those outcomes against juvenile facilities nationwide. The sole source nature of PbS’ Services have also been confirmed in the Sole Source Contract Justification 2022 document, which was obtained from PbS and is attached hereto (“SP Attachment-2”).

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The original SP (SP Attachment-1) was approved through June 30, 2023. However, OYA sees the need for PbS’ Services well beyond that date. This SP Amendment No. 1 Request seeks to increase the funding through the current Services term (Year 8) and extend the PbS Services up to five (5) additional years through June 30, 2028, as demonstrated in the following table.

TABLE 10.C

Services Term Description Estimated NTE Compensation

Year 8: 10/1/2022 – 6/30/2023 Consulting, coaching, technical support, maintenance, and all other Services

$62,250

Year 9: 7/1/2023 – 6/30/2024 Consulting, coaching, technical support, maintenance, and all other Services

$83,000

Year 10: 7/1/2024 – 6/30/2025 Consulting, coaching, technical support, maintenance, and all other Services

$83,000

Year 11: 7/1/2025 – 6/30/2026 Consulting, coaching, technical support, maintenance, and all other Services

$83,000

Year 12: 7/1/2026 – 6/30/2027 Consulting, coaching, technical support, maintenance, and all other Services

$83,000

Year 13: 7/1/2027 – 6/30/2028 Consulting, coaching, technical support, maintenance, and all other Services

$83,000

TOTAL ESTIMATED NTE COMPENSATION: $477,250

d. Proposed Contracting Procedure:

1. As required by Oregon Administrative Rules (“OAR”) 125-247-0287, DAS PS will issue a public notice regarding approval of this SP Amendment No.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 No. 1 Request.

3. DAS PS, working with OYA, will respond to and resolve all protests, if any.

4. If no protests to this approved SP Amendment No. 1 are received and sustained, DAS PS will proceed with amending the Contract as set out in Section 10.a above.

5. DAS PS and OYA will work with DAS Enterprise Information Services (“EIS”) and obtain its endorsement prior to executing the Contract amendment(s), if required.

6. 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 amendment(s), if required.

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

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As determined through OYA’s internet research and confirmed in writing by PbS (SP_Attachment-2), there are no other programs that analyze performance outcome data for juvenile facilities across the nation.

Continued participation in the PbS program will allow OYA to analyze and compare its programs and performance outcomes against standards implemented by over 190 juvenile correctional facilities across 28+ states.

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:

Since 1995, PbS has been working to integrate data and research to establish standards in juvenile justice.

o PbS has the largest, most current juvenile justice data set in the United States.

o Collected over 10 years and subjected to a rigorous quality check, PbS data spans more than 300 correction, detention, and assessment locations in all parts of the Unite States.

o The data undergoes a multi-layered quality assurance process and is analyzed through national comparisons to help understand and identify current juvenile justice issues, trends, and progress.

o PbS datasets offer thousands of statistics about juvenile assessment, corrections, and detention centers across the country.

There are no other programs available that analyze performance outcome data for juvenile facilities across the nation (see SP Attachment-1 for additional information).

The Supplies and Services described in this SP Amendment No. 1 Request are only available from one source, PbS Learning Institute, Inc. (see SP Attachment-2) 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:

OYA researchers have developed and implemented several tools aimed at improving youth outcomes.

These tools give juvenile justice professionals access to more accurate and timely data about the risks, needs, and treatment progress for every youth in OYA custody. An additional tool employed by OYA for the past 7-years is PbS’ continuous improvement model, the goal of which is to:

make facilities safe for youths, staff, and visitors.

monitor program effectiveness to keep youths engaged.

SP_REQ-DASOBO-00026048, Amd-1_PbS Learning Institute Services Page 5 of 6 achieve positive outcomes by helping youths prepare to return to living with their families and communities and prevent re-offence.

PbS data is relevant to conversations at the forefront of juvenile justice today, including positive youth development, family engagement, behavior management, confinement, mental health, substance use services, trauma-informed care, and reentry. Approval of this SP Amendment No. 1 Request will enable OYA to continue drawing on the experience and data of participating youth correction, detention, and assessment facilities across the United States while analyzing and improving its own processes to support positive outcomes for Oregon’s youth.

The same justification statements set out in SP Attachment-1 still apply to this SP Amendment #1 Request.

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

August 11, 2022