SP_REQ-DASOBO-00043883_TVW Janitorial Services_ODFW_Approved.pdf

SP_REQ-DASOBO-00043883, Janitorial Svcs – ODFW Headquarters Bldg. Page 1 of 7

REQUEST FOR SPECIAL PROCUREMENT No. REQ-DASOBO-00043883

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

1. Requesting Agency Name: Oregon Department of Fish and Wildlife

2. Date of Request: 08/17/2023 3. Agency Number: 63500

4. Agency Contact Name: Patty Whalen 5. Phone: 503-947-6138

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

7. Time Period Requested: From: September 30, 2021 To: March 31, 2024

8. Total Estimated Cost: $529,616

Note: With approval of this Special Procurement and subsequent amendment of the Contract (Contract Amendment #5), the cumulative maximum not-to-exceed (“NTE”) compensation will be $1,280,116. Refer to the table in Section 10.c below for a breakdown of this cost.

9. Title: Supplies and/or Services to be Acquired: Janitorial Services for ODFW Headquarters Building

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

a. Request:

Oregon Department of Fish and Wildlife (“ODFW”) seeks retroactive approval of this Special Procurement Request #REQ-DASOBO-00043883 (the “SP”) to reinstatement and amend (Amendment #5) Contract #735-290-17 (the “Contract”) issued to Tualatin Valley Workshop, Inc. (“TVW” or “Contractor”), an Oregon Forward Company (“OFC”) as follows:

Reinstate the Contract effective September 30, 2021, in accordance with the requirements of Oregon Administrative Rule (“OAR”) 125-246-0570.

Extend the Term an additional 30-months through March 31, 2024.

Increase the maximum, not-to-exceed compensation an additional $529,616.

Approval of this SP and subsequent Contract Amendment for the above stated purposes will allow sufficient time for ODFW to:

Complete a new procurement process, leveraging the Oregon Forward Program, for continued Janitorial Services.

Maintain existing day-to-day Janitorial Services under the Contract in accordance with Delegation Agreement #REQ-DASOBO-00042932, until a new contract can be solicited and issued to an OFC.

b. Background:

ODFW is the recognized steward of Oregon’s fish and wildlife resources with diversified funding that supports its mission: To protect and enhance Oregon’s fish and wildlife and their habitats for use and enjoyment by present and future generations.

ODFW Headquarters are located in Salem Oregon, at 4034 Fairview Industrial Dr SE, Salem, OR, SP_REQ-DASOBO-00043883, Janitorial Svcs – ODFW Headquarters Bldg. Page 2 of 7

97302, and accommodates 200 + state employees. Some of the building space is also leased to Oregon Department of Environmental Quality (“DEQ”).

ODFW has regional offices in Clackamas and La Grande, and ten district offices strategically located statewide.

ODFW operates a variety of facilities designed to enhance fish and wildlife resources, including fish hatcheries, wildlife areas, public shooting grounds, hunting and fishing access sites and several research stations.

To maintain its Headquarters building, ODFW has contracted with TVW, for the provision of janitorial services (the “Services”) since September 2017.

History:

The “Products and Services of Individuals with Disabilities” act was passed by the Oregon Legislature in 1977 and is codified in Oregon Revised Statutes (“ORS”) 279.835 to 279.855. This law requires all Taxpayer-supported state and local political subdivisions in Oregon to purchase goods and services from OFCs, through the Oregon Forward Program (the “Program”), when the product or service is listed on the Oregon Department of Administrative Services (“DAS”) Procurement List and meets the agency’s requirements.

o ORS 279.845 (2): “The department shall establish and publish a list of sources or potential sources of products produced by any qualified nonprofit agency for individuals with disabilities and the services provided by any such agency that the department determines are suitable for procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335. This procurement list and revisions thereof shall be distributed to all public purchasing officers."

Oregon Administrative Rule 125-247-0200 provides in part that agencies must make their Buy Decision in the following (descending) order of priority and in accordance with applicable law:

o (a) Surplus Property o (b) Qualified Rehabilitation Facilities (“QRFs”) (now known as Oregon Forward Companies or OFCs) o (c) Inmate Labor o (d) Statewide Department Price Agreement

In 2017 ODFW leveraged the Program and, in accordance with the instructions published in the Program ‘Buyers Guide’, solicited Janitorial Services for its Headquarters building, including the space leased to DEQ.

o ODFW contacted three (3) OFCs and requested quotes.

o ODFW conducted a walkthrough of the facility and provided each OFC in attendance with a copy of the Statement of Work (“SOW”).

o ODFW conducted a best value analysis of all submitted quotes.

o TVW prevailed with the award and the Contract was issued.

Contract Term: September 1, 2017, through August 31, 2018

Maximum not-to-exceed Compensation (“NTE”): $165,000

To date, the Contract has been amended four (4) times:

o Amendment No. 1: Issued August 30, 2018

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Extended the Term through: September 30, 2018

Increased the NTE to: $178,000 o Amendment No. 2: Issued October 2, 2018

Extended the Term through: September 30, 2019

Increased the NTE to: $363,000

Amended Exhibit A, SOW to add new – and clarify existing - Contractor duties, schedule, and instructions.

Amended Exhibit B, Schedule of Prices, to adjust Services Rates.

o Amendment No. 3: Issued September 30, 2019

Extended the Term through: September 30, 2020

Increased the NTE to: $548,000

Amended Exhibit A, SOW, to add new Contractor vacuuming duties and related schedule.

Amended Exhibit B, Schedule of Prices, to adjust Services Rates.

o Amendment No. 4: Issued September 25, 2020

Extended the Term through: September 30, 2021

Increased the NTE to: $750,500

Amended Exhibit B, Schedule of Prices, to adjust Services Rates.

The Contract expired September 30, 2021, in accordance with its terms; however, both parties (ODFW and TVW) continued to operate as if the Contract was in full force and effect due, in part, to resource constraints caused by Covid-19. This oversight was discovered Q1 2023, and ODFW commenced taking corrective actions to the extent possible in accordance with Oregon statutes and administrative rules.

c. Current Need:

ODFW occupies 90,000 S.F. of the Headquarters building and DEQ occupies 10,163 S.F. Facilities management of this state-owned building is essential, including planned and just-in-time maintenance services and day-to-day Janitorial Services, the subject of this SP.

While ODFW works with Oregon Department of Justice (“DOJ”) to undertake corrective actions (i.e., Ratification in accordance with ORS 291.049 and OAR 137-045-0090), it is simultaneously pursuing corrective actions with DAS through this SP Request, which seeks approval to:

reinstate the Contract effective September 30, 2021.

amend the Contract to:

o ‘true up’ the NTE from September 30, 2021, through September 30, 2023 ($405,637).

o Increase the NTE an additional $123,979 for Janitorial Services anticipated over the period (Term) of October 1, 2023 – March 31, 2024.

o extend the Term an additional 6-months, through March 31, 2024, to support ODFW’s Janitorial Services re-procurement effort through the Program.

The following Table 10.c.1 sets out the cumulative total estimated compensation (NTE) payable to TVW under the Contract through 3/31/2024.

TABLE 10.c.1

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Contract Amendment #4 NTE: $750,500

Janitorial Services delivered and paid 10/1/2021 – 9/30/2023: $ 405,637

Estimated Janitorial Services for the Term: 10/1/2023 – 3/31/2024

Service Monthly Price Number of Months 6-Mo. Extended Price

ODFW Janitorial $15,605 6 93,630

ODFW Carpet Cleaning $7,290 1 7,290

ODFW Hard Floors $4,995 1 4,995

ODFW Estimated Supplies $3,500 3,500

ODFW Subtotal: $109,415

DEQ Janitorial $1,803 6 $10,818

DEQ Carpet Cleaning $1,937 1 $1,937

DEQ Hard Floors $809 1 $809

DEQ Estimated Supplies $1,000 Over a 6-month Period $1,000

DEQ Subtotal: $14,564

ESTIMATED CUMULATIVE NTE: $1,280,116

d. Proposed Contracting Procedure:

1. As required by OAR 125-247-0287, ODFW will issue a public notice (“Notice”) regarding approval of this SP on OregonBuys, the State’s 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 will respond to and resolve all protests, if any.

4. If no protests to this approved SP are received and sustained, ODFW will:

proceed with reinstating and amending the Contract as set out in Section 10.a above and in accordance with its procurement authority granted by DAS in Delegation Agreement #REQ-

DASOBO-00042932.

resolicit Janitorial Services for the ODFW Headquarters facility, including the building space occupied by DEQ, through the Program and issue a new contract to an OFC.

5. Pursuant to OAR 137-045-0015, ODFW will work with DOJ and obtain its legal sufficiency approval prior to executing the Contract amendment (Amendment #5) and executing the new (contemplated) contract for Janitorial Services, as required.

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

Although the Oregon Forward Program allows an agency to acquire Goods and Services directly from an OFC and does not require a competitive procurement process, the following still apply to agencies subject to DAS authority:

A state agency cannot execute a contract or amend a contract established through the Program that will

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Once a contract solicited through the Program is executed, the agency must follow DAS rules including but not limited to:

o OAR 125-247-0805: Amendments to Contracts and Price Agreements o OAR 125-246-0570: Reinstatement of Expired Contract/ Retroactive Approval of Existing Contract

The only procurement method through which the Contract can be reinstated retroactively to September 30, 2021, and amended to extend the Term and increase the NTE is a Special Procurement approved by the State Chief Procurement Officer.

Note: The Estimated Total Cost set out in Section 8 above includes $405,637 that TVW was compensated for Janitorial Services delivered after the Contract expired, during the period of October 1, 2021 – September 30, 2023. Although there is no specific Oregon statute or administrative rule that can ‘fix’ this error, ODFW is – in the interest of full transparency – disclosing the related circumstances in this SP Request. ODFW has also reviewed its internal processes and made necessary adjustments to ensure this type of situation does not happen again.

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:

As established in ORS 279.835 to 279.855, all Taxpayer-supported state and local political subdivisions in Oregon are required by law to purchase Goods and Services from OFCs, through the Oregon Forward Program, when the product(s) or service(s) are listed on the DAS Procurement List and meets the agency’s requirements.

In accordance with OAR 125-247-0200, a state agency subject to DAS authority must consider OFCs (formerly known as QRFs) in its ‘Buy Decision’ process.

ODFW established the existing Contract through the Program in accordance with statute and rule.

In accordance with statute and rule, ODFW will also leverage the Program to establish a new, replacement contract for Janitorial Services.

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:

Facility related services, including preventative maintenance, groundskeeping, and Janitorial Services, for public and state-owned buildings demonstrates good stewardship of taxpayer funds and creates safe places for the entire community by:

Cleaning and sanitizing to prevent the spread of germs.

Creating a clean and pleasant environment for staff and customers, which boosts morale and can

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Maintaining the life of a building and its related assets such as hard floors, carpets, window blinds, etc.

Creating jobs for Oregonians who need them most.

By using the Oregon Forward Program, formerly known as the QRF Program, ODFW fulfills state law by supporting meaningful work opportunities for Oregonians living with physical, mental, and developmental disabilities.

OFCs are non-profit enterprises. They have a mission to provide employment services to community members with disabilities that require accommodations such as special training and job modifications.

The purpose of the Program is to encourage and assist people with disabilities to work, to achieve gainful employment, and to be as self-supporting as they can be.

Gainful employment has a positive impact on one’s identity, social support, and purpose.

OFC businesses are self-supporting. Stable employment is critical to the success of these programs.

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: 8/18/2023

Type Name: April Brenden-Locke, Contracts Services Manager, DPO 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 OregonBuys. 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 September 30, 2021.

APPROVED:

Kelly Mix, State Chief Procurement Officer, Date Department of Administrative Services

10/16/2023