SP_REQ-DASOBO-00032939_Parentage Testing Services_Approved.pdf

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REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00032939

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

1. Requesting Agency Name: Department of Justice, Division of Child Support on behalf of the

Oregon Child Support Program

2. Date of Request: December 21, 2022 3. Agency Number: 137000

4. Agency Contact Name: Michelle Long 5. Phone: 503-947-4386

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

7. Time Period Requested: From: May 5, 2023 To: April 30, 2033

8. Total Estimated Cost: $900,000

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

10. Request, Background and Proposed Contracting Procedure:

a. Request:

Oregon Department of Justice, Division of Child Support (“DOJ”) on behalf of the Oregon Child Support Program requests approval of this Special Procurement (“SP”) #REQ-DASOBO-00032939 to conduct a Joint Cooperative Procurement and issue a Price Agreement or Master Services Agreement (“Agreement”) for Parentage Testing Services. The Agreement will be available for use by various paternity establishment agencies and programs (collectively “Authorized Purchasers”) including:

• Oregon Division of Child Support

• District Attorney offices under the Oregon Child Support Program

• Oregon Department of Human Services – Child Welfare

• Confederated Tribes of Siletz Indian Child Welfare

• Confederated Tribes of the Umatilla Indian Reservation Children & Family and Office of Child

Support Enforcement

• Klamath Tribes Child Support Enforcement Office

• Warm Springs Child Protective Services

DOJ may subsequently add other state agencies and Oregon tribes requiring services to establish paternity in support of Title IV-D and Title IV-E services as Authorized Purchasers via contract amendment(s).

DOJ and all Authorized Purchasers will issue purchase orders (“POs”) under the Agreement to procure services, if any.

b. Background:

Title IV-D of the Social Security Act and US Code, Title 42, Chapter 7 requires all states to provide child support services including, but not limited to, enforcement, establishment, locate and accounting services.

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Title IV-E of the Social Security Act authorizes state foster care, prevention, and permanency programs.

The Oregon Child Support Program is a partnership between DOJ and 20 county District Attorney offices to provide services and support that promote the well-being of Oregon children. This means working with parents to ensure every child receives the financial and emotional support they need to thrive. Establishing paternity is the term for determining the legal father of a child. If a father is not listed on the birth certificate, legal paternity must be established to:

• obtain a support order for the child.

• obtain an order for health care coverage or cash medical support.

• protect the child’s rights to benefits if the father dies, such as money or property left in a will, Veterans benefits, or Social Security benefits.

• allow the child access to the father’s family medical history.

Parentage Testing Services support the federal mandates and directly impact the quality of services delivered to DOJ and Authorized Purchaser clients. Provision of these services is extremely time sensitive.

In 2011, Oregon Department of Administrative Services, Procurement Services (“DAS PS”), formerly the State Procurement Office (“SPO”), conducted a formal procurement process, Request for Proposals (“RFP”) #102-1660-10, which established the current Price Agreement (“PA”) #1437.

• The RFP was issued on the Oregon Procurement Information Network (“ORPIN”), the State’s previous eProcurement system.

• Two (2) timely submitted proposals were evaluated in accordance with the evaluation criteria set out in the RFP.

• Laboratory Corporation of America Holdings, Inc. (“LabCorp”) prevailed with an award and PA #1437 was issued May 5, 2011.

• PA #1437 will expire in accordance with its terms on May 5, 2023. There are no renewal options remaining.

c. Current Need PA #1437 will expire on May 5, 2023. There is ongoing need for Parentage Testing Services to establish paternity in support of Title IV-D and Title IV-E services delivered to the public by DOJ and the Authorized Purchasers identified in section 10.a above. DOJ’s spend under the current PA #1437 has averaged $3,000 per month for an annual expenditure of $36,000. The annual volume of tests ordered by DOJ and completed by LabCorp has averaged 1,800 to 2,500 annually.

DOJ has immediate need to undertake a new RFP process to establish a new Agreement for Parentage Testing Services and seeks approval to conduct the procurement as a Joint Cooperative Procurement so that Authorized Purchasers may also benefit from – and use - the new Agreement.

d. Proposed Contracting Procedure:

Step One: SP Notice Procedure

1. As required by Oregon Administrative Rule (“OAR”) 125-247-0287, DOJ will issue a public notice (“Notice”) of the approved SP on OregonBuys 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.

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

4. If no protests to this SP are received or sustained, DOJ will proceed with Step Two.

Step Two: Competitive Sealed Proposals Procedure

1. The Contracts Officer for the DOJ Division of Child Support will draft the RFP in accordance with

Oregon Revised Statute (“ORS”) 279B.060 and OAR 125.247.0260, Competitive Sealed Proposals, and will encourage maximum competition possible.

2. The RFP will be issued on OregonBuys, the State’s current eProcurement system of record, and will include at minimum:

a. Proposer Requirements

b. Evaluation Criteria

c. Cooperative Procurement language

3. Responsive proposals will be evaluated in accordance with the evaluation criteria set out in the RFP by an internal evaluation team.

4. The Division of Child Support will obtain approval to issue the RFP from DOJ’s Business Transactions Section (“BTS”) prior to releasing it on OregonBuys.

5. The Division of Child Support will obtain legal sufficiency approval from DOJ BTS prior to execution of the resulting Agreement (if any).

6. The Division of Child Support may subsequently amend the Agreement to add other state agencies and Oregon tribes as Authorized Purchasers via contract amendment(s). All Agreement amendments will be approved by DOJ BTS for legal sufficiency prior to execution, if required.

Step Three: Procuring Services

1. DOJ and all Authorized Purchasers may procure Parentage Testing Services under the resulting

Agreement via POs, provided those services support Title IV-D and Title IV-E services delivered to the public.

2. DOJ and all Authorized Purchasers will pay only for the services procured under their respective PO(s).

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

The federal government requires all States to provide child support services, which includes parentage testing. Parentage testing qualifies as Client Services and directly benefits families to establish a child support order and related benefits. The establishment of paternity is a federal performance measure for state child support programs.

Under OAR 125-246-0170(2)(d)(D), DOJ has authority to conduct Client Services-related procurements;

however, it does not include the authority to conduct a Joint Cooperative Procurement. DOJ was granted the procurement authority to conduct a Joint Cooperative Procurement in Delegation Agreement #REQ- DASOBO-00023335. This SP Request addresses the alternate Proposed Contracting Procedure set out in section 10.d above.

12. Findings to Satisfy the Required Standards: This proposed special procurement:

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__XX__ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because:

DOJ recognizes that it is more advantageous to the State and Oregon Child Support Program clients to have as many qualified providers submit proposals in response to the RFP discussed in this SP Request.

The RFP will be drafted and conducted to encourage maximum competition.

and

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

or __XX__ (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:

By establishing paternity for Child Support Program clients, DOJ is meeting the Federal Child Support Program requirements and the needs of the public. Approval of this Client Services Special Procurement for Parentage Testing Services will enable DOJ to encourage participation from qualified contractors and award a contract in at timely manner so that client needs may be met within federal timelines.

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.________________ _________________ 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