00006399_RFP.docx

State of Oregon

Oregon Department of Transportation Request for ProposalS (“RFP”) RFP TITLE: variable message signs RFP/Bid Solicitation Number: S-73000-00006399 (PCMS #: 35616) Date of Issue: See “Available Date” for this RFP in OregonBuys Closing Date and Time: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 1.3 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this RFP.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

· NON-DISCRIMINATION: Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4, and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

RFP/Bid Solicitation S-73000-6399 – Variable Message Signs

DAS Version 4.2 –ODOT Form S011-G082322 Page 4 of 33 Table of Contents

RFP ATTACHMENTS:

Attachment A – Sample PA Attachment B – Disclosure Exemption Certification Attachment C – Proposer Information and Certification Sheet Attachment D – RESERVED (not used) Attachment E – Price Proposal Attachment F – RESERVED (not used) Attachment G – Responsibility Inquiry Attachment H – Technical Proposal Items

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposals to establish a Price Agreement for supply of LED full color, full matrix, high resolution variable message signs (“VMS”) and associated Services on an as-needed basis.

Additional details on the scope of the required Goods and Services are included in the Scope of Work/Specifications section and in Attachment H.

Agency anticipates the award of one Price Agreement from this RFP.

The initial term of the Price Agreement is anticipated to be 10 years with options to extend it up to a cumulative maximum of 15 years.

Each purchase under the Price Agreement must be authorized by a Purchase Order issued by Agency in accordance with the ordering procedures described in Attachment A - Sample Price Agreement, Exhibit G. Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to those described within this RFP using any method allowed by law.

SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

OREGONBUYS

Registration Requirement; OregonBuys User Guides.

Proposer must be registered as a vendor in OregonBuys. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

Crosswalk of Terms used In OregonBuys

RFP ATTACHMENTS

In addition to the provisions set forth and linked within this RFP, this RFP incorporates by this reference the information published or linked on the OregonBuys Bid Solicitation page for this RFP, including but not limited to:

· Details entered in the Header Information section;

· All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

· Information, if any, entered in the “Questions” and “Item Information” sections.

PURCHASER/SINGLE POINT OF CONTACT

The single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” in OregonBuys.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(3).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

DEFINITION OF TERMS AND ABBREVIATIONS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below and in RFP section 1.3.2 - Crosswalk of Terms used In OregonBuys.

LED: light-emitting diode.

NTCIP: National Transportation Communications for Intelligent Transportation Systems Protocol, which is a product of a joint standardization project guided by the Joint Committee on the NTCIP.

VMS: variable message sign or variable message signs.

OVERVIEW AND PURPOSE

Agency Program Overview ODOT uses VMS in a variety of sizes that are LED full color, full matrix, and high resolution. The signs are used for notifying motorists of traveler information, traffic conditions on freeways and highways, travel times, curve warnings, lane management, variable advisory speeds and variable speed limits, tolling, and weigh station operations. ODOT currently has several hundred VMS in use.

Solicitation Overview and Purpose The primary objective of this RFP is to establish a purchasing mechanism (Purchase Orders issued under a Price Agreement) for the supply of VMS to ODOT, statewide. The awarded Price Agreement will be used to supply the agency new LED full color, full matrix, high resolution VMS. The Price Agreement will also be used for replacing existing ODOT-owned VMS that are at the end of operational life. Therefore, this RFP will specify signs that are close in size, weight, pixel matrix size, and functionality to ODOT’s current inventory of signs.

ODOT may also be interested in other sizes of signs, options, or features that are not specifically listed in the RFP. Proposer may include these optional signs, options, or features in its proposal for ODOT’s consideration. ODOT may also negotiate with the successful Proposer to identify additional sign sizes, software, and optional features that may be added to the resulting Price Agreement.

SCOPE OF WORK/SPECIFICATIONS

As the final step in supplying VMS as specified, the selected Contractor will be required to perform on-site commissioning of all signs procured from the Price Agreement (unless otherwise directed by ODOT).

Commissioning is to ensure the sign was delivered in working order and operates properly before the warranty period starts. ODOT will coordinate with the Contractor on each sign ordered and the commissioning schedule after the sign has been installed, electrical services connected, and fiber optic communication cable is pulled into the sign. As part of commissioning, Contractor shall terminate fiber optic cabling, verify all sign components are working properly, configure sign’s controller and install all ODOT’s permanent messages and any additional sign functionality such as radar integration.

Technical specifications are listed in Attachment H – Technical Proposal Items.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys and Proposal must provide documentation that clearly identifies how Proposer meets all requirements of this section. A Proposal from a Proposer that does not meet all of the requirements in this Section 3.1 will be determined non-Responsive and will not be evaluated further. Proposer must:

Have been in the business of manufacturing large, outdoor, permanently mounted 20 mm pixel pitch full matrix color (red-green-blue) LED NTCIP-compliant variable message signs used for the operation of traveler information for freeway and highway operations for a least ten years.

Have in operations at least five hundred large, outdoor, permanently mounted LED NTCIP-compliant VMS for freeway and highway operations by state transportation agencies of the United States of America. As part of its response to this item, Proposer shall provide an NTCIP test report for a VMS sign that was provided to another United States transportation agency. The test report must clearly demonstrate Proposer completed and passed the test for NTCIP objects specified.

Be able to manufacture VMS that are listed by Underwriters Laboratory (UL) or any other nationally recognized testing laboratory, in compliance with Oregon’s Electrical Safety Law, ORS 279.510 through 479.855.

Be a manufacturer of variable message signs in the United States, in compliance with the Infrastructure Investment and Jobs Act (IIJA). Federal Highway Administration funds will be used to procure signs from the established Price Agreement. IIJA includes Build America Buy America requirements. Fifty five percent or more of the components that make up a sign assembly must be manufactured in the United States.

PROPOSAL SUBMISSION REQUIREMENTS

Proposal Submissions To be considered for evaluation, Proposal must be submitted through OregonBuys and contain each of the following elements (further detailed in Section 3.3 Proposal Requirements). All documents must be uploaded to OregonBuys in Adobe (.pdf), Microsoft Word (.doc or .docx) or Microsoft Excel (.xls or .xlsx) format.

· Proposer Information and Certification Sheet (Attachment C) Responses to minimum qualifications requirements in Section 3.1 Responses to Attachment H – Technical Proposal Items Price Proposal (Attachment E) Disclosure Exemption Certification (Attachment B) – only required if Proposer is claiming exemption from public records disclosure - see Section 3.3.5.

See RFP section 5.3 for submittal requirements of the selected Proposer after notice of intent to award.

Reserved Reserved Electronic Submittal Provisions

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided and the Services to be performed. A Proposal that merely offers to provide the Goods and Services described in this RFP without providing responses to each Proposal requirement will be considered non-Responsive and will not be considered further.

Proposal should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Proposer should not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

Proposer Information and Certification Sheet (Attachment C) Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the “APPROVED” checkbox marked to certify approval of the Proposal and compliance with Oregon tax laws by a duly authorized representative empowered to bind the Proposer. Failure to demonstrate compliance with Oregon tax laws may result in a finding of non-Responsibility.

Proposer shall also mark the appropriate box for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, Proposer shall use COI Disclosure Form(s) linked on Attachment C to make the disclosures.

Responses to Minimum Qualifications Requirements Proposer shall respond to each minimum qualification requirement listed in RFP Section 3.1. The Proposal must provide documentation that clearly demonstrates how Proposer meets each requirement. A Proposal that does not show that the Proposer meets all requirements will be considered non-Responsive and will not be scored or considered for award.

Responses to Attachment H – Technical Proposal Items Proposer’s response to Attachment H is the technical Proposal portion of the response. Proposer is advised to carefully review the instructions in each section to ensure the Proposal contains all required elements. While there is no limit on the number of pages the Proposal can contain, Proposers are cautioned to organize the Proposal in such a way that the responses are easy for evaluation team members to identify. Proposer’s failure to appropriately identify the scored elements could result in a lower score.

Price Proposal (Attachment E) Sections 5.0, 6.0, and 7.0 of Attachment H list the specific sign sizes and options required to be offered by Proposer in its Proposal. Each of these items is also listed in Attachment E – Price Proposal. Proposer must submit a price for each item listed in Attachment E – Price Proposal in order to be considered for award. Prices for signs (items 5.1 – 5.7, 6.1, 6.2, and 7.0) will be scored in accordance with RFP section 4.10.2.1.

Disclosure Exemption Certification (Attachment B) If Proposer believes any of its Proposal is exempt from disclosure under Oregon public records laws (ORS 192.311 through 192.478), Proposer shall submit a completed and signed Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system (https://oregonbuys.gov/bso). RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

PREPROPOSAL CONFERENCE

No pre-proposal conference will be held for this RFP.

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, the intent or technical aspects of the RFP, contractual requirements, or any other provision must:

Be submitted in writing via email to the Purchaser identified in OregonBuys for this ITB.

Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and Be submitted by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

SOLICITATION PROTESTS

Protests of RFP Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

Protests of Addenda Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests of an Addendum must be submitted by the date/time specified in the Addendum, or they will not be considered. Protests of matters not added or modified by the Addendum will not be considered.

Protests must:

Be delivered via email to the Purchaser identified in OregonBuys for this RFP;

Reference the RFP number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based State the proposed changes to the RFP provisions or other relief sought;

Be received by the due date and time identified in the Schedule, RFP section 1.2 (for RFP protests) or in the Addendum (for Addendum protests).

PROPOSAL SUBMITTAL VIA OREGONBUYS

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

Agency is not responsible for any delays by transmission errors or delays, or for any misdelivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to withdraw or modify a submitted Proposal, Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFP in OregonBuys. Proposal withdrawals and modifications must be in conformance with requirements set forth in OAR 137-047-0440.

PROPOSAL DUE

A Proposal (including all required submittal items) must be received in OregonBuys on or before the Bid Opening Date and time for this RFP specified in OregonBuys.

A Proposal received after the Bid Opening Date and time is considered LATE and will NOT be accepted for evaluation.

PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 137-047-0630. However, Agency will record and make available the identity of all Proposers after Opening.

PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

Proposer fails to substantially comply with all prescribed RFP procedures and requirements.

Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

Proposer fails to meet the responsibility requirements of ORS 279B.110.

Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the Purchaser or those the Purchaser authorizes, or makes inappropriate contact with the Purchaser.

Proposer attempts to influence a member of the Evaluation Committee.

Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

EVALUATION PROCESS

Responsiveness and Responsibility determination Responsiveness determination A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with the Minimum Qualifications section and the Proposal Submission Requirements section. If the Proposal is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470.

Responsibility determination Agency will determine if the apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Selected Proposer shall submit a signed Responsibility Inquiry form (Attachment G) following receipt of Intent to Award notice as required in RFP section 5.3.4.

At any time prior to award, Agency may reject a Proposal from a Proposer found to be not Responsible.

Proposal Scoring Technical Proposal Items Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section (and further described in Attachment H) up to the maximum points available listed for each scored item.

Purchaser may request clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Total Scored Items

Desirables

Total Desirable Points

Pricing Following (or concurrently with) scoring of the technical Proposal items, pricing for each of the following items listed in Attachment E – Price Proposal, and below, will be scored as follows:

price being scored

Item price scores will be added to determine Proposer’s total price score.

RESERVED

RANKING OF PROPOSERS

Agency will average the technical proposal items scores for each Proposer’s Proposal (by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), and add the Proposer’s price score to its averaged technical items score.

Agency will rank all Proposers at the conclusion of the evaluation and scoring. The Proposer whose Proposal received the highest score will receive the highest rank, and successive rank order will be determined by the next highest score, and so on.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct an additional round of competition if, in Agency’s sole discretion, it is in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers Competitive Range Determination If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range will, to the greatest extent practicable, consist of the 3 highest ranked Proposers. Agency, in its sole discretion, may increase or decrease the number of Proposers selected for the Competitive Range if there is a natural break in the scores.

Agency will post a notice in OregonBuys of its Competitive Range determination and provide details about the process and schedule for the subsequent round.

Competitive Range Protest Proposers excluded from a round may submit a Written protest of Competitive Range. Each protest must:

Be emailed to the Purchaser;

Reference the RFP number;

Identify Proposer’s name and contact information;

Be sent by an authorized representative of Proposer;

State the reason for the protest; and Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all protests within a reasonable time and will issue a Written decision to the protestor. Protests that do not include the required information may not be considered by Agency.

SECTION 1: AWARD AND NEGOTIATION

1.1 AWARD NOTIFICATION PROCESS

1.1.1 Award Consideration

Agency, if it awards a Price Agreement, shall award a Price Agreement to the highest ranking Responsible Proposer based upon the scoring method and process described in Section 4. Agency may award less than the full Scope defined in this RFP.

Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsible Proposer that submitted a Responsive Proposal, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and capabilities of any Proposer.

1.1.2 Intent to Award Notice

Agency will notify all Proposers in Writing that Agency intends to award a Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

1.2 INTENT TO AWARD PROTEST

1.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive.

Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

Agency has abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

1.2.1.1 Each protest must:

Be submitted via email to the Purchaser identified for this RFP in OregonBuys;

Reference the RFP number;

Identify Proposer’s name and contact information;

Be signed by an authorized representative of Proposer;

Specify the grounds for the protest; and Be received within 7 calendar days of the Intent to Award notice.

1.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the protestor. Protests that do not include the required information may not be considered by Agency.

1.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a Price Agreement award under this RFP will be required to submit additional information via email and comply with the following:

1.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

1.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

1.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. Visit the Secretary of State website (http://sos.oregon.gov/business/pages/register.aspx) for Oregon business registry information.

1.3.4 Responsibility Inquiry

Within 5 Business Days following the Intent to Award notice, Proposer shall complete and submit Attachment G — Responsibility Inquiry.

1.3.5 Pay Equity Certification

If Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, Proposer may visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx. This requirement is also set forth in Attachment G – Responsibility Inquiry.

ORS 279B.110(2)(f) requires that Proposer provide this certificate prior to execution of the Price Agreement.

1.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment C - Proposer Information and Certification Sheet that, in accordance with ORS 279A.112, Proposer has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

1.4 PRICE AGREEMENT NEGOTIATION

1.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Price Agreement negotiations with the successful Proposer, with a focus on pricing, Specifications (not identified as mandatory in the RFP), delivery timelines and damages for delays, and optional items, if any.

It may be possible to negotiate some other provisions of the final Price Agreement; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard terms and conditions may constitute increased risk and increased cost to the State. Any negotiated changes are subject to approval by the Oregon Department of Justice.

Proposer shall review the attached Sample Price Agreement and address any concerns regarding terms, conditions, or other provisions through the Questions/Requests for Clarification process described in Section 4.3.

While Agency reserves the right to negotiate anything in the final Price Agreement, Agency intends to enter into a Price Agreement with the successful Proposer in substantially the form set forth in the Sample Price Agreement (Attachment A), with the exception of those terms listed below:

Choice of law Choice of venue Constitutional requirements Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within a reasonable time (as determined by Agency), Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 2: ADDITIONAL INFORMATION

2.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

2.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”), in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns, and emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, see the Certified Vendor Directory available on the COBID website.

2.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

2.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of, and transmit the Proposal solely for the purposes of evaluating the Proposal, negotiating a Price Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer.

2.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

2.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

2.7 RESERVED

2.8 RECYCLABLE PRODUCTS

The successful Proposer, as Contractor, shall use recyclable products to the maximum extent economically feasible in the performance of the Work set forth in this document and the subsequent Price Agreement. (ORS 279B.025) image1.jpeg