00006485_RFP.docx

State of Oregon

Oregon Department of Transportation Request for Proposals (“RFP”) RFP TITLE: battery backup power Systems for Wireless communication sites RFP/Bid Solicitation Number: S-73000-00006485 Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system. 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 (“ODOT”) 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).

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.

RFP/Bid Solicitation S-73000-00006485 Battery Backup Power Systems for Wireless Communication Sites

NON-DISCRIMINATION: ODOT, 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.

DAS Version 4.2 –ODOT Form S011-G061021 Page 19 of 19 Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation (“ODOT”), is seeking one qualified supplier to provide scalable battery backup power systems for wireless microwave and two-way communication sites in accordance with ODOT’s Wireless Communication Section requirements, specifications, and needs per site type, on an “as-needed” basis in response to Purchase Orders “POs” issued under an awarded Price Agreement (“PA”).

The initial term of the awarded PA is anticipated to be 5 years with options to extend it for up to a maximum term of 10 years.

Additional details on the scope of the required Goods and Services are included in the Specifications in Attachment A – Sample Price Agreement, Exhibit A.

Any purchases under an awarded PA will be made in accordance with the ordering procedures described in the PA (See Attachment A - Sample Price Agreement). Proposers are advised that there is no guarantee of any specific quantity of purchases under an awarded PA. Notwithstanding the award of a PA, ODOT 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. N/A denotes that event is not applicable to this RFP.

*The deadline for questions, requests for clarification, and protests of the RFP is based on the original Bid Opening Date posted in OregonBuys. If the Bid Opening Date changes due to an issued Addendum, the deadline for matters pertaining to the originally-issued RFP will not change. The deadline for matters addressed in the Addendum will be stated in the Addendum.

OREGONBUYS

Registration Requirement. Proposer must be registered as a vendor in OregonBuys to do business with the state. 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.

Proposer is responsible for ensuring that its 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

1.1 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.

1.2 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

ODOT is issuing this RFP under delegated authority from the Department of Administrative Services’ Office of the State Chief Information Officer through the Interagency Agreement and Delegation of Authority, Land Mobile Radio System of the State of Oregon, executed on June 12, 2017.

ODOT is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 125-247-0260. ODOT may use a combination of procedures under the Competitive Sealed Proposals method, 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

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

OVERVIEW AND PURPOSE

ODOT’s Wireless Communications Section has the responsibility for installation and maintenance of power at microwave and two-way communication sites. Both microwave and two-way communication systems must have their own stand-alone electrical systems. There are currently over 200 sites located throughout the state of Oregon. Some sites are very remote and may only be accessible by four-wheel drive vehicles for limited periods during the year and other sites are available all year round.

ODOT’s intent is to enter into a Price Agreement (“PA”) for the procurement of a complete turnkey battery charger and new battery banks for providing electrical power for ODOT’s microwave and two-way communication sites statewide. Purchases under the PA will include both the installation of new and removal of old power supply systems, and purchase of power supply replacement parts for wireless microwave and two-way communication sites.

SCOPE OF WORK/SPECIFICATIONS

The requirements and specifications for Goods and Services under an awarded PA are located in Attachment A – Sample Price Agreement, Exhibit A. The specifications may be modified in the final, awarded PA based on Proposal responses by the successful Proposer.

PROCUREMENT REQUIREMENTS

RESERVED

MINIMUM SUBMISSION REQUIREMENTS

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section 3.3) which must be submitted through OregonBuys by uploading into the system using the attachments tab.

· Disclosure Exemption Certification (Attachment B). This is only required if Proposer is claiming exemption from public disclosure and is submitting a redacted version of its Proposal - see section 3.2.1 below for additional information.

· Proposer Information and Certification Sheet (Attachment C) including Appendix 1 - References Attachment D1 - Mandatory Technical Specifications sheet with Proposer responses Attachment D2 – System Solution Scenarios with Proposer responses Attachment D3 - Proposer’s Performance Guarantee table for large projects Attachment D4 - Proposer Experience/Qualifications/Certifications/Services with Proposer responses Attachment E – Price Proposal (Microsoft Excel format preferred)

See RFP section 5.3 for submittal requirements of selected Proposer after Notice of Intent to Award.

Proposal Format Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

· All required submittal items must be submitted via OregonBuys in Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx) format.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (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.

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 or the Services to be performed or both. A Proposal that merely offers to provide the Goods or Services as stated in this RFP may be considered non-Responsive to this RFP 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. Do 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 subcontractors, Proposer shall use the COI Disclosure Form linked in Attachment C to make the disclosures.

References (Attachment C, Appendix 1) Proposer shall list three references, in Appendix 1 of RFP Attachment C, from current or former client firms for which Proposer provided Goods or Services similar to those described in this RFP within the last 5 years. References must be able to verify the quality of previous, related Work.

ODOT may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP and the resulting PA. ODOT may use references to obtain additional information, or verify any information needed. ODOT may contact any reference (submitted or not) to verify Proposer’s qualifications.

Mandatory Technical Specifications (Attachment D1) System Solution Scenarios (Attachment D2) Performance Guarantee (Attachment D3) Experience/Qualifications/Certifications/Services (Attachment D4) Price Proposal (Attachment E) Proposer shall submit a detailed price proposal by uploading it into the Attachments tab for this RFP in OregonBuys. Proposer may either use Attachment E – Price Proposal to submit its pricing, or may use its own format; however, ALL requested information must be included regardless of the format selected. If Proposer submits its pricing using Attachment E, submittal in Excel format is preferred (as opposed to converting to PDF).

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system at 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. Each 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.

PRE-PROPOSAL CONFERENCE

A mandatory pre-proposal conference will be held via Teams teleconference at the date and time listed in the schedule in RFP section 1.2. Proposals will only be considered from Proposers who attend the pre-proposal conference. The purpose of the pre-proposal conference is to:

· Provide additional description of the required Goods and Services;

· Explain the RFP process; and

· Answer any questions potential Proposers may have related to the requirements or the process.

Potential Proposers are highly encouraged to review the RFP and all attachments prior to attending the pre-proposal conference so that any questions can be addressed at the conference. Proposers may be asked to submit questions in Writing.

Statements made at the pre-proposal conference are not binding upon ODOT; changes to any requirements, terms and conditions, or Specifications will only be made through official Addenda posted on OregonBuys. Potential Proposers may participate in the pre-proposal conference by video conference or by phone using the following instructions:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 296 992 693 893 Passcode: dJu6N2 Download Teams | Join on the web Or call in (audio only) +1 971-277-1965,,859778772# United States, Portland Phone Conference ID: 859 778 772# Find a local number | Reset PIN Learn More | Meeting options

QUESTIONS / REQUESTS FOR CLARIFICATIONS / REQUESTS FOR CHANGES

All inquiries and correspondence regarding this RFP must be submitted in writing via email to the Purchaser identified in OregonBuys for this RFP.

Any questions, requests for clarification, or requests for change must be received by the deadline specified in the schedule in RFP section 1.2, and must refer to the specific are of the RFP or attachment being questioned (i.e. page, section, and paragraph number).

· Requests for Clarification. A prospective Proposer may submit questions or seek clarifications regarding any aspect of the RFP process or documents.

· Requests for Change. A prospective Proposer may submit a request for change which must include the reason for the requested change(s) supported by factual documentation, and the specific proposed changes.

SOLICITATION PROTESTS

Protests of RFP A prospective Proposer may submit a Written protest of anything contained in this RFP and its attachments including, but not limited to, the RFP process, Proposer requirements, Specifications or any statement of the work, and the Sample PA. This is the only opportunity to protest the provisions of the RFP, except that Proposers may protest Addenda as provided below.

Protests of Addenda A prospective Proposer may submit a Written protest of anything contained in an Addendum. A protest of an Addendum must be submitted by the date and time specified in the Addendum, or it will not be considered. Protests of matters not added or modified by an Addendum will not be considered.

A protest 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, or 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 including 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.

ODOT 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 125-247-0440.

PROPOSAL DUE

A Proposal (including all required submittal items) must be received in OregonBuys 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 notice of intent to award is issued pursuant to OAR 137-047-0630. However, ODOT will record and make available the identity of all Proposers after Opening.

PROPOSAL REJECTION

ODOT 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.

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

EVALUATION PROCESS

Evaluation of Proposers and Proposals under this RFP is intended to be conducted in two rounds:

· ROUND 1 - Scoring of Proposals submitted in response to the RFP

· ROUND 2 - Interviews with the Proposers that submitted the highest scoring Proposals (see section 4.11.1, Competitive Range Determination), including demonstrations However, If ODOT determines that one Proposal/Proposer is the obvious winner after the Round 1 evaluation, ODOT reserves the right to forego Round 2 and immediately begin the award notification and process.

Responsiveness and Responsibility determination Responsiveness determination Each 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 Submission Requirements section. If a 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 a Proposal non-Responsive, the Proposal may be rejected; however, ODOT may waive mistakes in accordance with OAR 125-247-0470.

Responsibility determination ODOT will determine if the apparent successful Proposer is Responsible prior to award and execution of the PA. Selected Proposer shall submit a signed Responsibility Inquiry form following receipt of intent to award notice as required in RFP section 5.3.4.

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

Proposal Evaluation Criteria and Scoring – ROUND 1 Each Proposal meeting all Responsiveness requirements will be scored in accordance with the items listed in Attachment F – Scoring Criteria and further described within the RFP attachments.

Proposal elements that are not scored will be considered part of the Responsiveness determination. Proposer must respond to all items requiring a response or the Proposal may be rejected as non-Responsive.

Interviews/Demonstrations with Highest Scoring Proposers – ROUND 2 If ODOT conducts Round 2 interviews (including demonstrations), selection and announcement will be made in accordance with section 4.11.1, Competitive Range Determination.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, ODOT may choose to conduct one or more additional rounds of competition if, in ODOT’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:

Additional interviews Additional presentations/demonstrations/ submittal items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and final offers Competitive Range Determination If ODOT, 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 may include all or, at ODOT’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. ODOT 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. Protests must:

Be emailed to the Purchaser;

Reference the RFP number;

Identify Proposer’s name and contact information;

Be sent by an authorized representative;

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.

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

SECTION 2: AWARD AND NEGOTIATION

2.1 AWARD NOTIFICATION PROCESS

2.1.1 Award Consideration

ODOT, if it awards a PA, will award a PA to the highest ranking Responsible Proposer based upon the process described in RFP section 4.10. ODOT, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. ODOT may select the next ranked Responsible Proposer having 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, ODOT may offer award to the next ranked Proposer and so on until agreement is reached or until ODOT terminates the process. ODOT may require reconfirmation of the qualifications and staffing of any Proposer.

2.1.2 Intent to Award Notice

ODOT will notify all Proposers in Writing (usually by posting the notice in OregonBuys) that ODOT intends to award a PA to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

2.2 INTENT TO AWARD PROTEST

2.2.1 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 PA 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.

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

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

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

If ODOT receives only one Proposal, ODOT may dispense with the evaluation process and intent to award protest period and proceed with PA Negotiations and award.

2.2.1.1 Protests 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;

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

2.2.2 Response to Protest

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

2.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a PA award under this RFP will be required to submit additional information via email and comply with the following. (ODOT will email the apparent successful Proposer with a request for all required documents.)

2.3.1 Insurance

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

2.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form when requested by ODOT or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form.

2.3.3 Business Registry

Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before execution of the PA. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

2.3.4 Responsibility Inquiry

Prior to award, Proposer shall complete and submit a Responsibility Inquiry form: http://www.oregon.gov/ODOT/Business/Procurement/DocsPSK/ResponsibilityInquiry.docx

2.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a PA 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.

2.3.6 Pay Equity Compliance

Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of the PA and a failure to comply constitutes a breach that entitles ODOT to terminate the PA for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Pay Equity Certification If the overall estimated PA value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to ODOT, prior to execution of the PA, 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, visit www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

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

2.4 PRICE AGREEMENT NEGOTIATION

2.4.1 Negotiation

After selection of an apparent successful Proposer, ODOT intends to enter into PA Negotiations with that Proposer.

While it may be possible to negotiate some provisions of the final PA, ODOT intends to enter into a PA with the successful Proposer substantially in the form set forth in the attached sample PA. Proposer should review the sample PA and address any concerns regarding terms, conditions, or other provisions through the Questions / Requests for Clarification / Requests for Changes process described in Section 4.3.

While not required to make any changes to the terms, conditions, or other provisions in the sample PA, ODOT reserves the right to negotiate anything in the final PA, 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 ODOT), ODOT may terminate negotiations and commence negotiations with the next highest ranking Proposer.

SECTION 3: ADDITIONAL INFORMATION

3.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, ODOT 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, a business that a service-disabled veteran owns or an emerging small business. ODOT also encourages joint ventures or subcontracting with certified small business enterprises. For more information please visit https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

3.2 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.

3.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after ODOT issues the notice of intent to award. Application of Oregon public records law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the property of ODOT. 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 purpose of evaluating the Proposal, negotiating a PA, 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.

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

Pursuant to ORS 279B.100, ODOT 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 ODOT, as determined by ODOT. Neither the State nor ODOT is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

3.5 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.

3.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

3.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent PA. (ORS 279B.025) image1.jpeg