State of Oregon. Predictive Dialer Software Solution ORPIN Number ED

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1 State of Oregon Oregon Employment Department REQUEST FOR INFORMATION (RFI) Seeking Information About Predictive Dialer Software Solution ORPIN Number ED Date of Issue: February 12, 2014 Responses Due Date: March 11, 2014, 3:00 PM (PST) Issuing Office: OED Oregon Employment Department Contact Name: Deb Scott Address: 875 Union Street City, State, Zip: Salem, OR Phone (voice): Phone (fax):

2 1 Introduction and Purpose The Oregon Employment Department (OED), IT Procurement Office is issuing this Request for Information (RFI) in an effort to gather information necessary to draft a solicitation document for the procurement of predictive dialer technology, software and/or services. OED is not looking for an auto dialer type of software. This request is neither a Request for Proposals (RFP), nor a supplier prequalification within the meaning of OAR (1). The planned RFP may seek to acquire a predictive dialer solution from single or multiple supplier(s) through the vehicle of a Price Agreement or Contract. Vendors may provide information on the Predicative Dialer (PD) solution which may be cloud based or standard software. OED currently uses the CISCO UCCE phone system. OED indicated the timeline for the anticipated RFP will be June 2014, and award of resultant contract is approximately August The approximate cost for this project is $149,000 and the maintenance/support cost is $49,000. OED is assuming the project timeline to be approximately September December OED anticipates the project to be completed no later than December Background On July 22, 2010, the Improper Payments Elimination and Recovery Act (IPERA) of 2010 (P.L ) was enacted. IPERA requires Federal agencies and entities receiving Federal Funding to ensure that their managers and accountable officers (including the agency head), programs and, where applicable, states and localities, are held accountable for reducing improper payments. The Employment Department has approximately $97 million in outstanding overpayments. Monthly setups usually exceed monthly collections. For example, in October of 2012, the department recovered $2 million while $2.8 million was set up. Additionally, the agency needs to focus on seasoned debts because the older a debt is, the less collectable it becomes as finding assets to collect against becomes more difficult. The PD solution would allow collections staff to work on activities with greater payoff like receiving calls from debtors interested in voluntary payment plans rather than outbound calls for follow up. OED intends to integrate the PD solution for Benefit Payment Control (BPC) with the proposed new UI call center technology platform. Additionally, implementing a PD solution would assist the agency in meeting its collections targets outlined by the Department of Labor (DOL). Because the PD solution would off load manual work for collections staff to contact debtors and allow them to focus on other collections activities thereby improving other collections efforts. 2.1 OED s Overall Project Goals and Objectives Goals and objectives of the PD solution: 1) Use the PD solution to make weekly contact by phone with debtors while the debt is new (the first 90 days). Currently one contact is made. 2) To allow the PD to leave payment due messages with debtors. 3) To free up time for Revenue Agents (RA) to receive in-bound calls from the message blasting campaign. 4) Solution must work with the new UI call center technology platform. RFI #ED Final

3 Desired Outcomes: 1) To increase in-bound calls from debtors who want to set up a voluntary payment arrangement thereby increasing the recovery rate. 2) To reduce delinquent payment arrangements which would reduce resources needed to enforce legal action. 3) Inform debtors that regular, ongoing payments are a priority. 4) To more thoroughly work/manage overpayment accounts. 5) To increase overall recovery amounts. 6) To permit RAs to spend more time on actions that require human intervention and increase collection rates, increasing recovery efficiency per RA. 2.2 Project Dependencies The proposed PD solution will be dependent and be required to work with OED s UI call center upgrade project. A PD solution will be selected prior to the selection of the UI call center platform. However, all vendors must provide a list of call center platforms they work with and those their PD solution does not. PD solution and platform information will be considered as part of the requirements gathering process for both projects. The testing and implementation phases of this project will occur after the UI call center upgrade project is underway for the UI Recovery units to ensure end-to-end functionality. 2.3 Project Cooperation OED may have separate contract(s) or understandings with other entities (e.g. other consultants, contractors or governmental agencies) involved with the Project. Early interface with these consultants are critical factors to determine the areas of concerns that will need to be addressed. Vendors shall support OED's efforts to create and maintain a cooperative working relationship between and among other entities involved in the Project, and their respective representatives, to further the interests of OED to result in the Project being successfully completed on time and within budget. 3 Project Information and RFI Requirements OED doesn t want marketing materials regarding your PD solution. Vendors need to provide specific information regarding their product and how it will integrate into OED s proposed platform. OED currently uses the CISCO UCCE phone system. Vendors must also provide information related to training or how-to guides for OED employees. OED is looking at multiple types of PD solutions (Software as a Service Cloud based or standard software). We are looking for live agent capabilities and types of outbound calls. The PD solution must also allow OED to be able to look at statistical information related to the call information, i.e. number of calls handled on a daily, weekly, or monthly basis, percentage of answered calls, etc. OED is looking for a PD solution which can perform and also meets the following capacities: Capacity for BPC recovery 1,408 potential calls per day with an estimated return volume of 25%-30%. Auto-Dialer capacity 400,000 auto-dialer calls without live agent transfer ability. RFI #ED Final

4 3.1 Vendor must answer the following questions as part of their response to this Request for Information. A. Does your PD solution meet the project goals and objectives as well as the desired outcomes identified in section 2.1 of this RFI? If so, how does it meet the information cited in section 2.1? B. Does your PD solution meet the capacity levels identified in Section 3? If so, how does it meet the capacity? C. Does your firm have the capabilities to provide a complete call center system, meaning both the phone and PD solution (all in one solution)? If so, please describe and provide the information. D. If there are additional attributes or options available for your product, please identify the options and include the information in your response. E. Provide a list and contact information of current customers include government entities using your PD solution? F. Provide a sample timeline or work plan for integration and implementation of your PD solution into OED s platform? G. Please identify PD solution related issues other customers may have encountered with your product? What was the timeline to resolve the issue and how did you resolve the issue? Was the implementation successful? Give us an example of a successful implementation and an unsuccessful implementation. What did you learn from the both implementations? H. What is your maintenance and support plan? What is the cost of the license and maintenance services? What are the severity levels and resolution timeframe on issues? Provide a copy of your maintenance and licensing agreement(s). I. Does your firm provide end to end testing support once the phone system has been identified and installed in production? What this means is: Will you support the to-be identified platform and provide end to end test at that time? J. The PD solution must have on-line and/or real time reporting capabilities. OED must be able to pull reports from the PD solution by call messages, date/time, status i.e. connected, dropped, unanswered, on hold, etc. Does your product allow OED to create custom reports? Will OED be able to select specific fields and create a report for their specific needs e.g. number of calls, dropped calls, hang-ups, missed calls, hold times, etc.? K. The PD solution must work with OED s proposed UI call center upgrade. The PD solution will be selected prior to the selection of the UI call center platform. Provide a list of call center platforms that your software is compatible with and those platforms that your software is not compatible. RFI #ED Final

5 L. Are you acting as software reseller for the publisher(s)? If so, provide proof that you are a licensed reseller for the PD solution and confirmation for all PD software you have been authorized to resell. M. If you are a reseller, who will provide troubleshooting services and resolve publisher issues; respond to all inquiries regarding problems with PD solution within a specified timeline (i.e. severity levels)? N. As a reseller, will OED have access to publisher representative(s) in regards to technical information, patches, etc. from the software publisher? O. Does your firm provide training on the PD solution? Is the training provided on-site or remotely via web based training? If so, please provide sample training plan and the timelines needed for training. P. What additional deliverables or services should be included in the RFP document that has not been identified in this RFI? 3.2 Additional Reseller Services Resellers must also agree to the following requirements: A. Notify OED in writing of any changes in product, product version, or product enhancements that will affect or modify the contract software products. B. Fix and/or replace any defective product purchased under the Contract within (10) calendar days of notification from OED. Defective is described as flawed media; any portion of media is unusable, product/source code errors caused during media creation by the publisher or other outside source. Products ordered in error may be returned within 30 days of receipt of product. C. Software will ship FOB final destination and is to be delivered within 15 calendar days after receipt of order. Provide same day electronic shipment notification, including license numbers, to OED. Where Publishers offer download, all goods shall be available for download by Authorized Purchasers with media to follow for receipt within the 15 day period. D. Notify the State in writing of any free product upgrades for which Authorized Purchasers may be entitled (i.e. software product that is soon to be replaced by the manufacturer with a new and improved product that is eligible for a manufacturer free upgrade, etc.). 3.3 Additional Required Services A. Notify the State in writing of any special discounts, promotions, or bundles that apply toany PD software purchase regardless of whether the special pricing permanently impacts the contract pricing or applies only to a specific purchasing time period. B. Notify the State in writing of any free product upgrades for which OED may be entitled (i.e. software product that is soon to be replaced by the manufacturer with a new and improved product that is eligible for a manufacturer free upgrade, etc.). RFI #ED Final

6 4 Business/Function Requirements & Criteria A. The PD solution must be able to meet the following OED requirements: 1. Gather PD data and call center data and mainframe and review the overpayment record and lifecycle. 2. Integrate with OED mainframe system. OED s current mainframe communications framework utilizes IBM WebSphere MQ JMS messaging. External systems would interface with the OED mainframe via a JMS QueueManager on OED s AIX server. 3. Integrate with OED s Oracle database via JMS messaging. 4. Business and Function requirements identified in Section 4 of this RFI and Attachment #1. 5. Adhere to the State and Federal Collection Law See Attachment #2 6. Confidentiality requirements See Attachment # 3 7. Security requirements See Attachment # 4 B. The following are the proposed mandatory business and function requirements and criteria for the PD software solution. In the tables below, we have also identified some desirable business and function requirements options. Business Rules Features Priority Mandatory Mandatory Mandatory Mandatory Mandatory Priority Desirable Desirable Mandatory Brief Information about a debtor's account will be confidential OED services will be offered in multiple languages OED's PD will adhere to collections call standards Message contents will match collection law requirements PD message selection criteria Brief Text messaging option for notification Update debtor contact information if new contact phone number is provided Return calls instantly if outbound call made during normal business hours Functional Requirements Priority Brief RFI #ED Final

7 Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory Desirable Desirable Desirable Frequently contact new accounts based on business criteria Maintain debtor confidentiality Message language options Message programming PD must be stable and reliable System modifications can be made in-house without IT or vendor support PD must work with UI Call Center Technology Platform PD data will be added to OED s data warehouse PD will allow staff to select debtors to call Selecting call times See Attachment 1 Requirements Detail for additional information regarding business and functional requirements including detailed descriptions and rationale for requirements. See Attachment 2 State and Federal Collections Laws for additional information regarding state and federal debt collections laws which OED s PD will adhere to. 5 COST The State of Oregon expects that most software publishers offer government customers a discounted MSRP, based on recognition as a government customer and/or the attainment of certain purchase volumes. In some cases, these discounted MSRP levels are based on contracts put in place with the publisher by the State of Oregon, and in other cases the discounted MSRPs are based on transactional licensing programs (e.g. McAfee institutional price list). State of Oregon is seeking discounts from the already-discounted publisher MSRP. For the examples given, a discount on Microsoft products would be applied to Select Level D MSRP, and a discount on McAfee products would be applied to the McAfee MSRP for the appropriate price band for a particular transaction. Proposers will be asked to verify the price list against which their discount is being offered, and may be asked to provide unit prices for an apples to apples comparison. Please provide a sample cost of your PD solution. If there are multiple solutions offered by the vendor, please include the cost of the other solutions. If your PD solution has options available, please provide the cost for those additional options. 6 Response To This RFI Vendors wishing to respond to this RFI are asked to provide the following information: Review Section 4 requirements and the Attachments to this RFI and then advise if these requirements can be achieved. Submit any input such as suggested additions, changes, etc. to these requirements. Please structure your responses with number designation as appropriate (i.e., 3.1.A, 3.3.1, etc.). RFI #ED Final

8 6.1 Instructions to Vendors This document shall not be construed as a request or authorization to perform work at OED s expense. Any work performed by a vendor to respond to this RFI will be at the vendor s own discretion and expense; the OED will not be obligated for any vendor costs related to this RFI. This RFI does not represent a commitment to purchase or lease any product. Submission of a response constitutes acknowledgement that the vendor has read and agrees to be bound by such terms. OED intends to publish a formal Request for Proposal for the services described in this document. However, there is no guarantee that the OED will publish an RFP or, if an RFP is issued, what timeframe that will be. While this RFI is the product of an intensive information gathering process and has been subjected to an extensive review, the OED makes no claims as to the accuracy of the information contained in it. 6.2 Point of Contact All communication with the OED must be directed to the single point of contact for this project, as follows: Name: Deb Scott Address: 875 Union Street NE Salem, OR Telephone: (503) FAX: (503) Submission of Responses There will be no formal question and answer period for the RFI. Vendors should make whatever assumptions they deem necessary to provide the requested information, and these assumptions should be clearly stated. To facilitate a timely and comprehensive evaluation of all vendor information, responses should be submitted using Microsoft Word. Vendors should submit ten (10) copies of their response with one (1) CD or Flash Drive copy. Vendors shall respond to all questions and requirements identified in this RFI. Responses should be submitted to Point of Contact listed in 6.2. Date: March 11, 2014 Time: 3:00 PM (PST) In response the OED will: Send a confirming reply acknowledging receipt; RFI #ED Final

9 Review all summary submissions 6.4 Public Records Notice & Trade Secrets All RFI s are public information. Copies of public information may be requested by any person. Offerors shall label the information and documentation qualifying as trade secrets under ORS (2) that it wishes to protect from disclosure to third parties with the following: "This data constitutes a trade secret under ORS (2) and is not to be disclosed except as required by law." OED shall take reasonable measures to hold in confidence all such labeled information and documentation. Provided, however, OED shall not be liable for release of any information when required by law or court order to do so, whether pursuant to Oregon Public Records Law or otherwise. Further, OED shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS (3). 6.5 RFI Costs Vendor is responsible for all costs associated with this Request for Information, including, but not limited to, the cost to prepare and submit product information, samples and other supporting materials. RFI #ED Final

10 Attachment 1 Requirements Detail 1. BUSINESS RULES [BRULE-5866] Information about a debtor's account will be confidential [BRULE-6373] OED services will be offered in multiple languages [BRULE-6375] OED's PD will adhere to collections call standards [BRULE-6482] Message contents [BRULE-8287] PD message selection [BRULE-6511] FEATURES [FEAT-5868] Text messaging option for notification [FEAT-6376] Update debtor contact information if new contact phone number is provided [FEAT-6377] Return calls instantly [FEAT-6378] FUNCTIONAL REQUIREMENTS [FREQ-5869] Frequently contact new accounts [FReq-6305] Maintain debtor confidentiality [FReq-6374] Message language options [FReq-6371] Message programming [FReq-6322] PD data will be added to the data warehouse [FReq-6381] PD must be stable and reliable [FReq-6383] PD will allow staff to select debtors to call [FReq-6384] Selecting call times [FReq-7892] System modifications can be made in-house [FReq-8289] PD must work with UI Call Center Technology Platform [FReq-8290] RFI #ED Final

11 1. Business Rules [BRULE-5866] 1.1. Information about a debtor's account will be confidential [BRULE-6373] Id: BRULE-6373 All contacts made via the PD will maintain strict confidentiality requirements to prevent breaches in confidentiality. Agency policy Type: Business Rule Version: 1.02 Priority 1) Critical Crt dt: 5/23/ :56:59 PM Upd dt: 11/15/2013 3:26:40 PM RFI #ED Final

12 1.2. OED services will be offered in multiple languages [BRULE-6375] Id: BRULE-6375 All contacts made via the PD will be provided to Debtors in the language of their choice according to language selection at the time they filed their claim or had their Overpayment record created. Agency policy Type: Business Rule Version: 1.02 Priority 1) Critical Crt dt: 5/23/ :59:07 PM Upd dt: 11/15/2013 3:27:28 PM RFI #ED Final

13 1.3. OED's PD will adhere to collections call standards [BRULE-6482] Id: BRULE-6482 Assure all aspects of the Federal and State Fair Debt Collection Practices Act (FDCPA) are adhered to, not limited to time and number of phone calls. Type: Business Rule Version: 1.05 Priority 1) Critical Crt dt: 6/4/ :54:35 AM Upd dt: 12/11/2013 3:17:52 PM RFI #ED Final

14 1.4. Message contents [BRULE-8287] Id: BRULE-8287 The PD messages content will be appropriate and not out of compliance with state, federal or Federal and State Fair Debt Collection Practices Act (FDCPA) laws. Type: Business Rule Version: 1.04 Priority 1) Critical Crt dt: 12/11/2013 3:13:37 PM Upd dt: 12/13/2013 1:48:55 PM RFI #ED Final

15 1.5. PD message selection [BRULE-6511] Id: BRULE-6511 Debtors receiving calls from the PD will be based on the following criteria: 1. New setups, one per week, first twelve weeks once OP is set up and decision is final. 2. Before Payment Plan payment is due- 5 days before, as a reminder. 3. After Payment Plan payment is missed- 5 days after, asking for contact. 4. After Warrant is issued, prior to recording. 5. When returned mail is received, to get updated address information. 6. Off the new hire list or other crossmatch mechanism. Type: Business Rule Version: 1.02 Priority 1) Critical Crt dt: 6/4/2013 3:04:55 PM Upd dt: 12/13/2013 1:47:10 PM RFI #ED Final

16 2. Features [FEAT-5868] 2.1. Text messaging option for notification [FEAT-6376] Id: FEAT-6376 Debtors can opt in or out of text messaging notification in lieu of receiving phone calls from OED. Because most people use text rather than phone and would rather text. Type: Feature Version: 1.02 Priority 3) Need, Can Live W/O Crt dt: 5/23/2013 1:46:17 PM Upd dt: 11/15/2013 3:44:11 PM RFI #ED Final

17 2.2. Update debtor contact information if new contact phone number is provided [FEAT- 6377] Id: FEAT-6377 If the PD calls a Debtor and is notified that the phone number has changed, the PD will update the phone number in OED's systems and notify OED that the number has changed to remove it from lists and prevent future calls to disconnected numbers. Prevents agency from using incorrect numbers to continue to try to contact debtor. Also provides potential updated information. Type: Feature Version: 1.03 Priority 3) Need, Can Live W/O Crt dt: 5/23/2013 1:47:03 PM Upd dt: 12/11/2013 3:22:32 PM RFI #ED Final

18 2.3. Return calls instantly [FEAT-6378] Id: FEAT-6378 If a Debtor receives a call from the PD, they can return the call without hanging up and redialing if the call from the PD is made during normal business hours. If the debtor wants to connect with the agency we should let them! Type: Feature Version: 1.03 Priority 1) Critical Crt dt: 5/23/2013 1:47:39 PM Upd dt: 11/15/2013 3:49:51 PM RFI #ED Final

19 3. Functional Requirements [FReq-5869] 3.1. Frequently contact new accounts [FReq-6305] Id: FReq-6305 PD should contact Debtors a minimum of 12 times in the first 12 weeks the debt is collectable. Common courtesy while maintaining collections goals. Type: Functional Requirement Version: 1.02 Priority 1) Critical Crt dt: 5/22/2013 2:04:07 PM Upd dt: 11/15/2013 3:55:41 PM RFI #ED Final

20 3.2. Maintain debtor confidentiality [FReq-6374] Id: FReq-6374 As per the business rule, Information about a debtor's account will be confidential. Type: Functional Requirement Version: 1.03 Priority 1) Critical Crt dt: 5/23/ :57:48 PM Upd dt: 11/14/ :00:37 AM RFI #ED Final

21 3.3. Message language options [FReq-6371] Id: FReq-6371 Messages to Debtors by the PD must be in the language they prefer per the OED services will be offered in multiple languages business rule. Type: Functional Requirement Version: 1.03 Priority 1) Critical Crt dt: 5/23/ :52:17 PM Upd dt: 11/14/ :01:00 AM RFI #ED Final

22 3.4. Message programming [FReq-6322] Id: FReq-6322 Messages to Debtors must be targeted based on the account status and other upcoming actions which may occur on the account. Types of messages will be based on the FUD code the Revenue Agent 1 enters into the account or other data elements within the record. Type: Functional Requirement Version: 1.05 Priority 1) Critical Crt dt: 5/23/ :53:32 AM Upd dt: 12/13/2013 8:36:25 AM RFI #ED Final

23 3.5. PD data will be added to the data warehouse [FReq-6381] Id: FReq-6381 Data regarding call successes and other details about the call will be added to OED's data warehouse for use with other OED legacy system data. Type: Functional Requirement Version: 1.03 Priority 3) Need, Can Live W/O Crt dt: 5/28/2013 8:57:34 AM Upd dt: 12/11/2013 3:24:06 PM RFI #ED Final

24 3.6. PD must be stable and reliable [FReq-6383] Id: FReq-6383 The PD system must be reliable and stable with limited down time to maximize RA1 productivity. Type: Functional Requirement Version: 1.02 Priority 1) Critical Crt dt: 5/28/2013 9:35:08 AM Upd dt: 11/14/ :01:44 AM RFI #ED Final

25 3.7. PD will allow staff to select debtors to call [FReq-6384] Id: FReq-6384 The PD must allow staff to flag Debtors to not be called so Debtors with a history of being difficult are not messaged to prevent escalated calls. Type: Functional Requirement Version: 1.02 Priority 3) Need, Can Live W/O Crt dt: 5/28/2013 9:36:08 AM Upd dt: 5/30/2013 9:34:44 AM RFI #ED Final

26 3.8. Selecting call times [FReq-7892] Id: FReq-7892 Revenue Agent 1s can select times/days to call Debtors but must still conform to the FDCPA. Type: Functional Requirement Version: 1.01 Priority 3) Need, Can Live W/O Crt dt: 11/15/2013 3:10:52 PM Upd dt: 12/11/2013 3:26:30 PM RFI #ED Final

27 3.9. System modifications can be made in-house [FReq-8289] Id: FReq-8289 Modifications to the PD messages or target calls should be made within the business units. Business unit needs to manage this system within the unit rather than via IT to maximize system productivity Type: Functional Requirement Version: 1.01 Priority 1) Critical Crt dt: 12/11/2013 3:25:49 PM Upd dt: 12/13/2013 1:50:02 PM RFI #ED Final

28 3.10. PD must work with UI Call Center Technology Platform [FReq-8290] Id: FReq-8290 The PD must work with the UI call center technology platform as either an add-on product or as part of a suite within the technology platform. The UI division is upgrading all call center technology deployed within call center like environments within the division; the PD must work with whatever technology platform is selected based on the business requirements of the upgrade project. Type: Functional Requirement Version: 1.00 Priority 1) Critical Crt dt: 12/13/2013 1:44:18 PM Upd dt: 12/13/2013 1:44:18 PM RFI #ED Final

29 Attachment 2 State and Federal Collections Laws Predictive Dialer Oregon Unlawful Collection Practices Guidelines ORS and Federal Fair Debt Collection Practices Act Summary The Oregon Unlawful Collection Practices statute, ORS and the Federal Fair Debt Collection Practices Act (FDCPA) are very straightforward in stressing what constitutes legal collection practices and what collection practices are illegal. The Oregon Employment Department Overpayment Recovery Unit (OPR) adheres to all these guidelines. In the implementation of the Predictive Dialer (PD), OPR will continue to adhere to all the requirements of the Oregon and Federal laws. The most critical issues that pertain to outgoing PD calls are: When calls can be made- between 8:00 a.m. and 9:00 p.m. in the claimant s native time zone; What can be disclosed in the PD message; What cannot be disclosed in the PD message; How often a claimant s employer may be called; That we must stop contacting claimant at POE if instructed to do so; That we must stop contacting claimant if they get an attorney. We shall not: Threaten: To use force to collect a debt; To take legal remedies we are not lawfully allowed to pursue; To take legal action we are not planning to take; To arrest or bring criminal prosecution forward. Communicate: With the debtor or the debtors family continuously, with the intent to harass or annoy; With the debtor at a time that is known to be inconvenient; With the debtor in a profane or obscene manner; With the debtor s employer concerning the nature or existence of the debt; With the debtor after 9:00 p.m. or before 8:00 a.m. (in their native time zone); With the debtor WITHOUT disclosing the purpose of the contact name of the Agency. RFI #ED Final

30 Attachment 3 Confidentiality Information Oregon Employment Department Commitment to Confidentiality Level 3 (Full Access) FEDERAL LAW The U.S. Department of Labor holds that under Sections 303(a)(1) and 303(a)(8) of the Social Security Act, information collected and maintained for the administration of the unemployment compensation program is confidential and, with certain exceptions, not subject to disclosure. This confidentiality requirement pertains to information required from individuals and employers or employing units for the purposes of administration of the state s unemployment compensation laws. This includes, among other items, the customer s name, address, social security number, earnings/wages, and employer BIN number. STATE LAW Oregon Revised Statute provides all information in the records of the Employment Department pertaining to the administration for the unemployment insurance, employment service and labor market information programs is confidential and for the exclusive use and information of the Director of the Employment Department in administering the programs which the agency oversees except as otherwise provided in ORS ORS also specifies certain circumstances under which confidential information may be shared with specified entities for specified purposes. DEPARTMENT RULES (OARs) OAR through 0125 provide additional authority and direction regarding access to, use, and disclosure of customer information provided to the Oregon Employment Department. The administrative rules detail the allowances for sharing customer information with partners in the one-stop system, law enforcement officials, agents, legislators, and attorneys. The rules also provide the sanctions for unauthorized disclosure, the need for interagency agreements to share the information, and a description of additional concepts discussed in both rule and statute. UNDER PENALTY OF DISQUALIFICATION ORS (6) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or disqualified from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement. UNDERLYING GUIDELINES 1. You may have access to records only as necessary to do your job. DO NOT discuss identifying information from our records with coworkers unless you or they must do so in order to do your job. 2. Once accessed, the information may only be used for the purposes for which this confidential information sharing was approved. 3. Unless you have been given authority to discuss or disclose confidential information, refer to your supervisor all contacts that could result in disclosure. 4. Any unauthorized use constitutes a breach of confidentiality and is not within the scope of duties of any officer, agent, or employee. Unauthorized publication of the information is absolutely prohibited. Such unauthorized use is to be reported immediately to your supervisor. The supervisor will immediately call the OED help desk and ask to speak the security manager or the security incident responder on duty. The supervisor will then report the details to the security personnel. I understand that all information and data contained in OED records is confidential and not for release except under certain defined circumstances. I also understand that, as a non-oed employee, if I access and/or disclose any information not authorized by law, rule or policy, action up to and including revocation of access to agency information assets and termination of contract will be taken, which may also include monetary damages (maximum fine allowed by law). Should I have questions, in the future; regarding the confidentiality of OED records I will refer and discuss them with the OED Manager contact prior to releasing the information. Signature: Printed Name: Date: Organization: Location: Manager Signature: Printed Manager Name: Date: RFI #ED Final

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