SP_REQ-DASOBO-00033540_Amd-1_ThomsonReuters_DOJ_Approved~1.pdf

SP_REQ-DASOBO-00033540 (formerly SP-1174-20), Amendment #1 Page 1 of 5

Thomson Reuters Elite Legal Billing System & Services

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00033540

(formerly SP-1174-20)

Amendment No. 1

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

1. Requesting Agency Name: Department of Administrative Services, Procurement Services (“DAS

PS”) on behalf of Oregon Department of Justice (“DOJ”)

2. Date of Request: January 10, 2023 3. Agency Number: 10700

4. Agency Contact Name: Jennifer Alton 5. Phone: (971) 375-5158

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

7. Amendment Time Period Requested: From: January 31, 2023 To: January 31, 2026

8. Total Estimated Cost for Amendment Time Period: $200,910

Note: The original Special Procurement (“SP”) No. 1174-20 approved a Total Estimated Cost of

$241,758. This SP No. REQ-DASOBO-00033540, Amendment #1, seeks to add an additional

$200,910. If approved, the cumulative SP Total Estimated Cost will be $442,668 as demonstrated in the following Table 8.A.

Table 8.A

Elite Subscription Year

2020-2021 *Previously approved in

SP-1174-20*

2021-2022 *Previously approved in

SP-1174-20*

2022-2023 *Previously approved in

SP-1174-20*

2023-2024 *Requested in this

SP #REQ-DASOBO-

00033540*

2024-2025 *Requested in this SP

#REQ-DASOBO-

00033540*

2025-2026 *Requested in this

SP #REQ-DASOBO-

00033540*

Subscription Term 2/1/20 - 1/31/21 2/1/21 -1/31/22 2/1/22 – 1/31/23 2/1/23 – 1/31/24 2/1/24 – 1/31/25 2/1/25 – 1/31/26

Software Upgrade Cost $49,751

Subscription Fee (Annual) $62,120 $63,984 $65,903 $65,000 $66,950 $68,960

SP Total Estimated Cost: $442,668

9. Title: Supplies and/or Services to be acquired: Thomson Reuters Elite Legal Billing System

Subscription Services

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

a. Amendment Request:

DAS PS, on behalf of DOJ, requests approval of SP #REQ-DASOBO-00033540, formerly SP-1174-

20, Amendment No. 1 to reinstate and amend contract #PO-DASOBO-00017119 (“Contract”) issued to Thomson Reuters Corporation (“Thomson Reuters” or “Contractor”) as follows:

• Reinstate the Contract effective January 31, 2023, in accordance with the requirements of

Oregon Administrative Rule (“OAR”) 125-246-0570.

SP_REQ-DASOBO-00033540 (formerly SP-1174-20), Amendment #1 Page 2 of 5

• Extend the Term up to three (3) additional years, through January 31, 2026.

• Increase the Total Estimated Compensation an additional $200,910.

b. Background:

• 1992: DOJ issued Invitation to Bid (“ITB”) #13700001-92, which was advertised on the state’s former Vendor Information Program (“VIP”) system, and subsequently contracted with Elite

Data Processing, Inc. (now Thomson Reuters) for its Elite Legal Billing Management System

(“Elite”).

• 2016: DAS PS, on behalf of DOJ, issued Request for Proposal (“RFP”) #DASPS-2088-15 on the state’s former Oregon Procurement Information Network (“ORPIN”), seeking a Legal

Case/Document Management System with a billing module that would replace Elite.

o West Publishing Corporation, doing business as Thomson Reuters Elite, prevailed with an award and contract #DASPS-1468-16 was issued November 14, 2016.

• 2019: The endeavor to replace Elite was unsuccessful. DOJ and West Publishing subsequently agreed to a Mutual Termination of contract DASPS-21468-16.

• 2020: DAS PS, on behalf of DOJ, submitted Special Procurement Request #1174-20, attached hereto as ‘SP_Attachment-1’, seeking the ability to enter into a new 3-year license agreement

(Contract) for upgrade and continuation of Thomson Reuters Elite Legal Billing System subscription services.

o SP-1174-20 was approved by the State Chief Procurement Officer on January 9, 2020.

o The upgrade, originally anticipated to occur in 2021, commenced in 2022 and is scheduled for completion Q2 2023 (est.).

o During the approved 3-year term, DOJ was to undertake a new procurement process

(RFP) seeking ‘Legal Billing Tools’. This objective was not achieved due, in part, to the

COVID-19 pandemic and subsequent internal shifting of DOJ Information Technology

(“IT”) projects.

For additional historical and background information see SP_Attachment-1

c. Current Need:

DOJ has re-prioritized the ‘Legal Billing Tools’ project and procurement efforts are underway.

• December 2022: DOJ issued Request for Information (“RFI”) # S-13700-00004902 on

OregonBuys, the state’s current eProcurement system of record, seeking ‘Integrated Case, Time, and Billing Management Solution’ information. Specifically, the purpose of the RFI was to:

o Identify and assess the various solutions that may be available to replace existing Case

Management, Billing Management, and Time Management systems, as well as multiple supporting ancillary systems.

o Discover how potential replacements may integrate with DOJ’s existing systems that will not be replaced as part of its Legal Tools Replacement Project and enhance the business process workflows that serve the evolving needs of its legal team.

SP_REQ-DASOBO-00033540 (formerly SP-1174-20), Amendment #1 Page 3 of 5 o Gather additional information to assist DOJ in understanding the systems available in the marketplace that can provide a comprehensive end-to-end case management workflow.

o Identify potential vendors who might be able to integrate multiple systems to provide an end-to-end solution, should a solution with native integration not be possible.

• Leveraging the information obtained from the RFI process, DOJ is currently developing specifications and requirements for a new, ‘Integrated Case, Time, and Billing Management

Solution’ RFP opportunity. The estimated procurement timeline is as follows:

o Q3 2023: RFP will be issued on OregonBuys.

o Q4 2023: Intent-to-Award will be issued.

o Q1 2024: Contract will be executed.

o Q2 2024 – Q4 2025: Awarded Solution will be implemented.

Until the new procurement process has been completed and a replacement solution is fully implemented

(if any), DOJ will have continued need of Thomson-Reuters’ Elite Legal Billing System.

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, DAS PS will issue a public notice (“Notice”) of the approved SP Amendment #1 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 this SP

Amendment #1.

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

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

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

6. Pursuant to OAR 137-045-0015, DAS PS will work with DOJ’s Business Transactions Section and obtain legal sufficiency approval prior to executing all Contract Amendment(s), as required.

11. Justification for use of Special Procurement:

It is impractical for DOJ to be without a billing management system.

• The Contract is a result of the alternate contracting procedure approved in original SP-1174-20

(SP_Attachment-1). The Contract is, therefore, tied to the SP and the terms and conditions approved therein. Unless this SP is amended to extend the Time Period and increase the Total

Estimated Cost, the Contract cannot be reinstated and amended.

• Elite is used to track and invoice billable hours for more than 300 attorneys.

• Elite has been DOJ's legal billing tool of record for more than 20 years and there are numerous established workflows and processes associated with its use.

• The Time Period requested in this SP Amendment #1 will support completion of DOJ’s planned

‘Legal Billing Tools’ procurement, including implementation of the awarded solution (if any).

SP_REQ-DASOBO-00033540 (formerly SP-1174-20), Amendment #1 Page 4 of 5

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:

DOJ’s previous effort to procure a new legal billing management solution, which started with a competitive procurement process (RFP #DASPS-2088-15) in 2016 and ended with mutual termination of the resulting contract (DASPS-21468-16) in 2019, was unsuccessful.

The RFI conducted in 2022 (S-13700-00004902) was publicly advertised on OregonBuys and encouraged responses from all providers of the subject solution(s) and services.

DOJ is currently developing a new ‘Integrated Case, Time, and Billing Management Solution’ RFP opportunity.

• The RFP will be issued on OregonBuys September 2023 (est.).

• The RFP will be structured to encourage maximum competition to the extent possible.

• All providers of the requisite solution and services will be able to compete for a contract.

The additional time and money requested in this SP Amendment #1 will support DOJ’s completion of this procurement effort, including implementation of a new solution (if any).

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:

Elite is used to track and invoice billable hours for more than 300 attorneys, a process that is complex and cannot be interrupted without harming DOJ’s ability to operate and provide the necessary legal services to support State of Oregon agencies in conducting business.

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. Upon completion of the Notice (section 1) approval applies retroactively to January 31, 2023.

APPROVED:

Kelly Mix, State Chief Procurement Officer Date

Department of Administrative Services