Suitability Determination Confidential records destruction Amd 3.pdf

Garten Services, Inc.

Confidential Records Destruction Suitability Determination Amendment 3 S-10700-00016992

SD Confidential Records Destruction Page 1 of 4

NOTICE OF DETERMINATION OF CONFIDENTIAL RECORDS DESTRUCTION SUITABILITY

FOR AN OREGON FORWARD CONTRACTOR

Before the Chief Procurement Officer

Department of Administrative Services, of the State of Oregon

In the Matter of Oregon Forward Contractor, ) DETERMINATION OF Garten Services, Inc. ) SUITABILITY & ORDER, Request for Suitability for providing Confidential Records Destruction

ORS 279.845(2) requires the Department of Administrative Services (DAS) to establish and publish a list of sources or potential sources of products and services produced by qualified non-profit agencies for individuals with disabilities, which DAS determines are suitable for procurement by public agencies pursuant to ORS 279A.025(4), 279C.335(1)(a) and ORS 279.835 to 279.850.

Oregon Administrative Rule (OAR) 125-055-0020 outlines the process used by DAS to make such a suitability determination.

FINDINGS OF FACT

A. Request:

(1) In accordance with OAR 125-055-0020(2), Garten Services, Inc. has submitted a request and supplied information to DAS to be included on the Procurement List for providing Confidential Records Destruction, defined as in-house and mobile (at the contracting agency’s site) shredding, pulping or incineration of records in a manner consistent with the nature of those records and the needs of the contracting agency. The following information satisfies the criteria required under OAR 125-055-0020(3).

(a) Oregon Forward Contractor Status: Garten Services, Inc.is compliant as an Oregon Forward Contractor in accordance with ORS 279.835(5)(a)(b)(c) and OAR 125-055- 0005 through 125-055-0040.

(b) Ownership: All equipment utilized in providing Confidential Records Destruction is the sole property of or leased by Garten Services, Inc.

(c) Tied Products: In accordance with OAR 125-055-0020(2)(c), Garten Services, Inc. shall not obligate a public agency to buy a product tied to the Confidential Records Destruction provided, unless the product provided is incidental to, or consumed in the performance of the Confidential Records Destruction.

(d) Pricing: DAS will determine pricing per contract specifications. Pricing will meet the requirements of OAR 125-055-0030(2), Determination of Price.

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(e) Purpose, Value, Capability:

i. Labor Operations: Garten Services, Inc. plans to employ approximately thirteen individuals with qualifying disabilities, as defined in ORS 279.835(3), who will complete the tasks. The mobile shred employs two individuals with disabilities.

ii. Appreciable Value: Individuals with qualifying disabilities will perform the activities required to destroy confidential records. Performing these tasks satisfies the requirement of adding measurable value in the rendition of the service.

iii. Salaries: Garten Services, Inc. employees that perform the activities involved Confidential Records Destruction activities will receive wages commensurate with experience and role. Benefits include health insurance, paid time off, and retirement plan options. Compensation for Garten Services, Inc. employees performing these activities meets all legal requirements.

(f) Subcontractor Disclosure: Garten Services, Inc does not plan on using subcontractors to fulfill the service.

(g) Quality Standards and Delivery Schedules: Garten Services, Inc. will make routine contact with their customers and guarantee their work.

B. Need for Product or Service

Public Agencies in Marion, Polk, Linn, Benton, Yamhill, Multnomah, Clackamas, Washington and Lane subject to ORS 279.850(1), require Confidential Records Destruction.

CONCLUSIONS

Based on the Suitability Determination request and DAS’s fact-finding, Confidential Records Destruction has satisfied the criteria required by OAR 125-055-0020 and will be included in the Oregon Forward Program Procurement List for Confidential Records Destruction as suitable for procurement by public agencies.

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ORDER

DAS has determined Confidential Records Destruction, as will be provided by Garten Services, Inc., meets all the criteria for service suitability in accordance with OAR 125-055-0020 and shall be listed on the Oregon Forward Program Procurement List as suitable for procurement by public agencies pursuant to ORS 279A.025(4), 279C.335(a) and ORS 279.835 to 279.850 subject to the following conditions:

a. Garten Services, Inc.is approved to provide Confidential Records Destruction to public agencies subject to ORS 279.850(1) in Marion, Polk, Linn, Benton, Yamhill, Multnomah, Clackamas, Washington and Lane, provided they can meet the specifications and timelines of the contracting agency. Prior to offering these services in any other county, DAS must approve a request from Garten Services, Inc.to amend this suitability determination.

The Notice for Determination of Suitability to provide Confidential Records Destruction to public agencies subject to ORS 279.850(1) in Marion, Polk, Linn, Benton, Yamhill, Multnomah, Clackamas, Washington and Lane, provided by Garten Services, Inc., on the Oregon Forward Program Procurement List shall constitute a final order under ORS 184.484.

05/19/2026 Date of Posting Oregon Forward Program Manager

Department of Administrative Services

06/18/2026

Effective Date of Listing

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C. Protest of Suitability Determination:

A person or entity may protest this suitability determination in writing by 5:00 p.m. on the 30th calendar day following the Date of Posting. The protest must be received, at DAS, submitted to the attention of the Oregon Forward Program Coordinator at 1225 Ferry St. SE, Salem, OR 97301. The written protest must demonstrate:

a. How the listing will adversely affect the person’s or entity’s ability to compete for public contracts for the product or service proposed to be listed, and,

b. How the product or service to be listed fails to satisfy the criteria stated in OAR 125-

055-0020(2).

If a timely, written protest is received, DAS will consider the protest and issue a written response to the protest in accordance with OAR 125-055-0020(6). In considering a timely protest, DAS may request further information and comment from the complaining party and the Oregon Forward Contractor that submitted the request for Suitability Determination.

DAS will not consider a protest unless it is in writing and received by 5:00 p.m. on the 30th day following the Date of Posting.