SS-724-21_Determination and Justification.pdf

SS-724-21

SOLE-SOURCE DETERMINATION AND JUSTIFICATION

FOR SUPPLIES AND SERVICES

No. SS-724-21

To: State Chief Procurement Officer

Department of Administrative Services

From: The Department of Administrative Services, Procurement Services (DAS PS), on behalf of the Department of Administrative Services, Fleet and Parking Services (DAS FPS)

Designated Procurement Officer: Cort Dokken, Procurement Services Manager/DPO

Agency Analyst/Procurement Specialist: Kim O’Neill, Contract Specialist

Date: June 6, 2021

Re: Sole Source Determination pursuant to Oregon Revised Statute (ORS) 279B.075 and Oregon Administrative Rule (OAR) 125-247-0275

Part A

1. Authority to enter into a Sole-Source Contract: OAR 125-246-0170(2)(c)(H)

2. Estimated Total Value of Contract: $200,000

3. Subject of Contract: Liberty Next Gen (LNG) parking meter ‘insert’, manufactured by Duncan

Parking Technologies, a subsidiary of CivicSmart, to include associated hardware, software, and maintenance/support.

4. Background:

The Department of Administrative Services, Procurement Services (DAS PS), on behalf of the Department of Administrative Services, Fleet and Parking Services (DAS FPS), intends to purchase up to 210 new parking meter inserts. This purchase includes the option to purchase related parts, maintenance, support, repair services, training, and software updates, as needed. DAS FPS may purchase none, or more than 210, as there is no guarantee of purchase(s). DAS PS, on behalf of DAS FPS, intends to enter into a Price Agreement (PA) for five (5) years. DAS FPS will place orders, as needed, against the PA via Purchase Order.

Parking meters are made of three pieces, 1) the pole that holds the housing unit 2) the housing unit, 3) the insert, including software.

DAS FPS currently maintains 210 CivicSmart/Duncan parking meters across the state on DAS FPS properties. These parking meters have Model-60 and Model-76 housing units. Over 200 of the meters

SS-724-21 Page 2 of 5 have Duncan Eagle CK parking meter inserts and, seven of the parking meters have the Liberty Next Gen (LNG) parking meter inserts. DAS FPS plans to replace all of the remaining Duncan Eagle CK inserts with the LNG insert, because the Duncan Eagle CK inserts are outdated and coin-operated only.

The LNG insets are capable of accepting credit cards and coins and the LNG inserts are battery operated with rechargeable batteries.

The LNG inserts fit perfectly into the Model-60 and Model-76 housing units and replacing the Duncan Eagle CK inserts with the LNG inserts will require no modifications.

5. Findings:

A. Market Research Overall Finding.

CivicSmart provided DAS FPS with a letter stating that they are the original manufacturer, Sole Source Provider and only authorized reseller for Duncan meters and the Parking Enterprise Management System software used by DAS FPS.

And

B. Findings of Fact pursuant to OAR 125-247-0275(2) must include, at a minimum, one of the following:

1. Pursuant to OAR 125-247-0275(2)(a): Compatibility. Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

The LNG inserts are compatible with the existing meter housing units used on DAS properties and the inserts require no modifications to install into the existing housing units. The LNG inserts interface with the current DAS FPS operating system, Parking Enterprise Management System (PEMS). To use another meter company would require new housing units and a software customization.

2. Pursuant to ORS 279B.075 (2)(b): Exchange of Software or Data. Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source.

DAS FPS uses CivicSmart’s PEMS software to manage parking meters and parking enforcement, PEMS software is proprietary to CivicSmart and CivicSmart’s equipment. DAS FPS uses PEMS ‘meter management’ module to manage meters remotely, audit meter collections, and report on meter activity as well as PEMS ‘enforcement’ module to manage the back end of the parking citation application.

Integrating another brand of meters would require either a complete new software system or would require software customization work to write an interface bridge from the new third party software to the current PEMS software. PEMS software is already vetted and approved by the State Treasury.

Introducing a new software would require a vetting process through State Treasury for the Credit Card transactions.

SS-724-21 Page 3 of 5

3. Pursuant to ORS 279B.075 (2)(c): Pilot or Experimental Project. Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project.

N/A

4. Pursuant to ORS 279B.075 (2)(d): Other findings that support the conclusion that Supplies and Services are available from only one source may include but are not limited to considerations of: unique design, availability, geographic location, exclusive authorized representative, cost of conversion, and warranty services.

N/A

SS-724-21 Page 4 of 5

Part B - Conditions of Approval will be inserted by DAS.

STATUTORY AND RULE AUTHORITY: ORS 279B.075 (1) a contracting agency may award a contract for goods or services without competition if the Director of the Oregon Department of Administrative Services, a local contract review board, a state contracting agency, if the state contracting agency has procurement authority under ORS 279A.050, the State Chief Information Officer, with respect to goods or services described in subsection (2)(b) of this section and if the director has delegated the necessary authority to the State Chief Information Officer, or a person designated in writing by the director, board or state contracting agency with procurement authority under ORS 279A.050, determines in writing, in accordance with rules adopted under ORS 279A.065, that the goods or services, or class of goods or services, are available from only one source.

(2) The determination of a sole source must be based on written findings that may include:

(a) That the efficient utilization of existing goods requires acquiring compatible goods or services;

(b) That the goods or services required to exchange software or data with other public or private agencies are available from only one source;

(c) That the goods or services are for use in a pilot or an experimental project; or

(d) Other findings that support the conclusion that the goods or services are available from only one source.

(3) To the extent reasonably practical, the contracting agency shall negotiate with the sole source to obtain contract terms that are advantageous to the contracting agency.

OAR 125-246-0170 delegates the authority of the Director of the Department of Administrative Services to the State Chief Procurement Officer. OAR 125-247-0275 implements ORS 279B.075.

OAR 125-247-0710(2) Protests and Judicial Review of Sole-Source 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 before Award. The Authorized Agency shall post the notice. The Sole Source Procurement may not be used until after the completion of the seven (7) day notice period required pursuant to OAR 125-247-0275, 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 OAR 125-247-0710 and OAR 137-047-0710, and

ii. confirms in writing the first possible award date.

2. ORS 279A.140 Requirements. Agency shall comply with the requirements of ORS 279A.140 and OAR 125246-0353 regarding reporting of personal services contracts.

SS-724-21 Page 5 of 5

3. Authorized Agency shall comply with all Enterprise Information Services (EIS) conditions and requirements prior to execution of any contracts or amendments and will obtain Department of Justice (DOJ) legal sufficiency review and approval, as may be required.

Approved By: _____________________________________________________ Debbie Dennis, State Chief Procurement Officer, or delegate Date:

06/09/21