ssd22feb2023dor5629revABrosetViolenceChecklistnsApprved.pdf

SOLE-SOURCE DETERMINATION MEMO

FOR SUPPLIES AND SERVICES - Open Market Bid S-44300-

00005808

Date: 2/22/23 Sole source number: S-44300-00005808

To: Kirk N. Rhoades, Designated Procurement Officer

DHS Office of Contracts & Procurement

Requestor: Ryan Knapp

Agency/division: Oregon Health Authority – Oregon State Hospital, herein after referred to as “Agency”

Program/office: Nursing Department

Contract specialist: Dave Reynolds

Agency Sole source rule: Sole source authority:

OHA OAR 137-047-0275 ORS 413.033

Estimated total contract value: $17,500.00

Description of goods or services: Licenses for usage of Brøset Violence Checklist

1. Background: This sole source justification applies to the purchase of:

The purchase of one license per hospital bed at Oregon State Hospital (OSH) campuses. Currently, this totals 738 licenses that OSH will need to order.

The licenses allow the utilization of the Brøset Violence Checklist (BVC). The BVC is a copyrighted form owned by, Frenzs BV, which is used as a predictive indicator of imminent violent behavior amongst patients receiving mental health care. The analytical perspective offered by the BVC form is critical in maintaining the safest possible work environment at OSH. Numerous studies and statistics indicate that facilities who use the BVC experience significant reductions in patient-on-staff and patient-on-patient violence.

The Agency is seeking sole-source procurement to purchase this product because it is copyrighted intellectual property.

2. Prospective contractor/vendor:

Legal entity name: Frenzs BV

DBA:

Address: Zes Huizenhof 30, 6511 EA Nijmegen, The Netherlands

Contact person: Roel Ruiken

Phone: +31 24 799 8730

Email: roel@frenzs.nl

Protests are due by 3:00 PM within seven calendar days after the first date the notice is posted on OregonBuys. Protests must be sent via mail, fax, email, or hand carried to the following address: Protests via telephone will not be accepted.

Oregon Department of Human Services

Office of Contracts and Procurement

ATTN: David Reynolds

Address: Office of Contracts & Procurement

635 Capitol St NE Ste 350

Salem, OR 97301

Phone: 503-871-4880 Fax: 503-378-4324

Email: David.reynolds@odhsoha.oregon.gov

Agency reserves the right to purchase additional licenses, goods, services to include on-call maintenance, preventative maintenance, repair (unless available on DAS price agreement), or training.

3. Written findings of fact (market research):

The Brøset Violence Checklist (BVC) is a 6-item checklist which assists in the prediction of violent behavior over a short period of time (i.e., 24 hours). The BVC is used by all

OHS staff working with patients or clients. The BVC is one of the best methods worldwide to predict violent behavior on a 24 hour perspective.

Additionally, The Brøset Violence Checklist (BVC) is a rare risk assessment tool that can predict aggression in a 24 hour perspective. The BVC has proven its value scientifically and practically with the OSH. The BVC is used in a variety of settings in the OSH to improve workplace safety and to save costs.

This sole source request is to purchase 783 licenses for the Violence Checklist for use at the OSH. The Violence Checklist has been confirmed as a copyrighted (sole source) tool used to predict violent behavior in patients. Access to the Brøset Violence Checklist

(BVC) is critical for ensuring the safety of patients and staff, as well as assigning OSH nursing staff to units based on acuity.

Pursuant to ORS 279B.075, during our Market Research a letter from Frenzs BV was uncovered further indicating the copyrighted nature of the licenses being offered.

Pursuant to ORS 279B.075. © Copyright Linaker & Bush Iversen (1995). Almvik & Woods

(2000). All rights reserved, do not allow use without the written permission of the copyright holders for The Brøset Violence Checklist Interpretation and Operation.

Also, during Market research, it was uncovered a Synopsis of the product (Attachment 1) and a link to the website further outlining the Proprietary nature of this request https://www.frenzs.org/legal-information/

The findings are as follows:

Pursuant to ORS 279B.075 (2)(a): Provide findings supporting the determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source.

or

Pursuant to ORS 279B.075 (2)(b): Provide findings supporting the 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.

or

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

or

Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source.

The Broset Violence Checklist is copyrighted by Linaker & Busch-Iverson (1995) and

Almvik, Rasmussen & Woods (2000), with Frenzs BV owning the copyright permitting digital or electronic use of the form.

APPROVED:

By:

Kirk N. Rhoades or acting DPO https://www.frenzs.org/legal-information/