00013261_RFP.docx

Cover Page

State of Oregon

Intermediate Request for Proposal (“RFP”) Issued by: Oregon Department of Transportation RFP TITLE: ODOT Bridge Peregrine Monitoring RFP/Bid Solicitation Number: S-73000-00013261 Notes:

· 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.

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

Date of Issue: See “Available Date” for this RFP in OregonBuys Opening 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.

A pre-Proposal conference will not be held.

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.

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).

RFP/Bid Solicitation #S-73000-00013261 – ODOT Bridge Peregrine Monitoring

DAS Ver 4; ODOT 09/27/24 Page 6 of 21 Table of Contents

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 provide biological monitoring services for Peregrine Falcon management and activity during the 2025 and 2026 nesting seasons, in coordination with the Audubon Society. The services will include various ODOT projects on 7 Portland Metropolitan area bridges.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be 2 years. Agency reserves the option to renew for additional years based on Agency need and funding.

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.

1.1 OREGONBUYS

1.1.1 Registration Requirement. All vendors must be registered 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.

Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage: https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

1.1.2 Crosswalk of Terms used in OregonBuys

1.2 RFP ATTACHMENTS

In addition to the provisions set forth and linked within this RFP, this RFP incorporates by this reference the attachments listed below, and 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 listed in this Section, “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.

1.3 PURCHASER/SINGLE POINT OF CONTACT

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

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

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

DEFINITION OF TERMS

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.

SCOPE OF WORK

See Exhibit A Statement of Work of Attachment A Sample Contract for details.

PROCUREMENT REQUIREMENTS AND EVALUATION

MINIMUM QUALIFICATIONS

Every monitoring visit must include a biologist with at least 2 years of experience monitoring peregrine falcons as approved by the Agency.

Proposal must demonstrate how Proposer meets all of the following business requirements:

Certification Requirements [RESERVED] Licensing/Registration Requirements

· The consultant will need a current and appropriate handling permit from US Fish and Wildlife for any nest manipulation or incubation activities.

Key Person Requirements

· Biological Resource Specialist(s) with a minimum of 2 years of experience monitoring peregrine falcons using methods found in “Protocols for Observing Known and Potential Peregrine Falcon Eyries in the Pacific Northwest”. (Pagel, 1992)

· Expert Peregrine Falcon Biologist with expertise in the behavior and life cycle of peregrine falcons and a minimum of 5 years of experience handling and manipulating wild peregrine falcon nests and has current, appropriate state and federal permits.

Other Requirements [RESERVED]

MINIMUM SUBMISSION REQUIREMENTS

Proposal Format and Page Limit

· Price information must be submitted via OregonBuys (see RFP section 3.4.3 for detailed format and submittal requirements).

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

1.3.1 Technical Proposal Page Limit

The Technical Proposal is limited to 2 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

· Disclosure Exemption Certification (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Price Proposal (Attachment E)

· Key Staff Resumes (See Section 3.5.2.2 for a link to the form)

· Project Samples & References

1.3.2 Electronic Submittal Provisions

Proposers shall make reasonable efforts to minimize the file size of attachments so the total for all submittal files does not exceed 6 megabytes* (for tips on reducing file size, see information at the following link:* How to reduce PDF file size; How to reduce the size of Word documents that contain images).

Agency reserves the right to reject any submittal that is unreadable.

Agency reserves the right to award the Contract solely on the electronically submitted Proposal; however, upon Agency’s request, the apparent successful Proposer shall promptly submit its complete original signed Proposal.

Per OAR 731-146-0150(4), in the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Proposals, to protest, or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of electronic Proposals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

By submitting a Proposal in response to this RFP, Proposer (and if selected for award, also as the Contractor) agrees with Agency that Signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties.

PROCUREMENT PROCESS

Public Notice The RFP, including all attachments and any Addenda, is 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. 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.

Questions / Requests for Clarification 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 RFP. The email must be sent by authorized representative of Proposer and must include the RFP number and identify Proposer’s name and contact information;

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

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.

Modification or Withdrawal of Proposals 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 after the Bid Opening Date and time must be in conformance with requirements set forth in OAR 731-146-0180.

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.

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

Proposer has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

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

Proposer attempts to inappropriately 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.

Opening of Proposal 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. However, Agency will record and make available the identity of all Proposers after Opening.

PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

Proposer Information and Certification Sheet Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the following:

“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.

Appropriate box marked for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, complete and submit COI Disclosure Form(s) linked on Attachment C to make the disclosures.

Project Samples & References Proposers must provide project samples and references, as outlined in Scoring Criteria 3.5.2.4. Agency does not intend to score references but may contact project sample references to verify information provided in Proposals. Agency at its sole discretion may contact any of the references regarding Proposer’s past performance and to determine if they are supportive of the consultant’s ability to successfully complete the Services described in this RFP, or take further steps to gain additional information for evaluation, or both. If references are contacted by Agency and both references are members of the evaluation committee, Agency retains the right to request different references for the project samples. Failure to provide complete and accurate information in a Proposal or Proposal documents and forms may be cause for Proposal rejection.

Price Proposal Proposers must submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The detailed Price Proposal must include the following items:

For each Task described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed prices, The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the work, and list the salary/wage and fringe rate separately for each such individual.

Technical Proposal Submit a Technical Proposal (up to the page limit set forth in section 3.2.2) which must:

· Demonstrate that Proposer meets any minimum qualifications specified in RFP section 3.1.

· Include responses to address the evaluation criteria listed in section 3.5.2. Responses must describe how Proposer meets the requirements specified in this RFP as related to the evaluation criteria. Responses must be clear and concise and should be labeled to indicate the item being addressed.

Public Record/Confidential or Proprietary Information All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that price information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

EVALUATION PROCESS

Responsiveness and Responsibility Determination Proposals received prior to Bid Opening Date and time for this RFP will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the Purchaser may request clarification from a Proposer. However, clarifications may only clarify or explain portions of the already submitted Proposal and 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 731-146-0180.

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

Evaluation Criteria Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available listed for each scored item.

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

Evaluation Item 1 – Understanding & Approach to Requested Services (Max Points: 20) Demonstrate a clear and concise understanding of the Statement of Work being requested in this solicitation (Exhibit A of Attachment A to this RFP). Describe your approach for the prospective Project, and include any unique challenges your firm may encounter, and the strategy and staffing used in your approach.

Evaluation Item 2 – Specific Experience of Key Staff (Max Points: 35) Proposer must clearly indicate on the Key Staff Resume form, (link included below), how they meet the following criteria:

· Clearly describe the Proposer Project Manager’s experience with:

· Coordinating with Agency maintenance and operations staff, biologists, and their party experts.

· Reviewing and writing quality control on technical reports.

· Conducting monitoring in the field.

· Monitoring protocols, peregrine falcon biology and life history.

· Biological Resource Specialist(s) with a minimum 2 years of experience monitoring peregrine falcons using methods found in “Protocols for Observing Known and Potential Peregrine Falcon Eyries in the Pacific Northwest” (Pagel, 1992)

· Expert Peregrine Falcon Biologist with expertise in the behavior and life cycle of peregrine falcons and a minimum of 5 years of experience handling and manipulating wild peregrine falcon nests and has current, appropriate state and federal permits.

Complete a “Key Staff Resumes” form to provide information for the proposed Project Manager, Biological Resource Specialist, and Expert Peregrine Falcon Biologist that you believe are most important based on your understanding of this Project. This form is available at http://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx.

Scoring will be based on relevance of the experience, qualifications, and technical competence of Project Manager and key staff proposed for use on this specific Project.

Key Staff Resumes are not included in the Proposal page limit identified for this RFP; however, a maximum of 3 Key Staff Resumes may be submitted. Any resumes submitted beyond this limit will be discarded by Agency and will not be included in the evaluation. The fields on the Key Staff Resumes form may be expanded, but may not exceed 1 page per resume and must use a minimum of 11-point font for substantive text.

Evaluation Item 3 – Location (Max Points: 15) Describe proximity to the Project of your firm’s staff that will be assigned (office/satellite office) and knowledge of the locality. Include proximity of any subcontractors that would be assigned substantial roles under the Project. Also identify how travel and any required lodging costs will be minimized for this specific Project Evaluation Item 4 – Project Samples & References (Max Points: 35) Provide 3 project samples comparable to the requested services performed by your firm within the last 4 years. Each project sample may not exceed 1 page and must use a minimum of 11-point font for substantive text. For the sample projects:

· Describe their relevance to the Project and Services included in this solicitation, including descriptions of how any outstanding issues and project constraints were addressed and resolved.

· Include a brief description of project type, location, size, duration and objectives; a list of key project staff and their roles; tasks performed by the Proposer to fulfill the project objectives; the project budget, and whether the schedule and budget were met.

· Include 2 reference contacts for each project with valid contact information.

PRICE EVALUATION

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Price Proposals (Attachment E) from Proposers in the Competitive Range will be opened and scored by Purchaser as follows:

· Proposer with the lowest Price Proposal will receive 15 points.

· Proposer with the second lowest Price Proposal will receive 10 points.

· Proposer with the third lowest Price Proposal will receive 5 points.

· All other Proposers will receive 0 points.

NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Establishing a Competitive Range Presentations/Demonstrations/Additional Submittal Items Interviews Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

PREFERENCES

Oregon Supplies and Services Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

Recycled Materials Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

Tiebreakers Oregon Supplies: If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum points possible for each evaluation item are listed in the table below.

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation. Applicable preferences in section 3.8 are applied to the price score as appropriate to determine the final price score.

RANKING OF PROPOSERS

The Purchaser will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with final price score and references if applicable. After ensuring each applicable preference has been applied, Purchaser will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

Award Consideration Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3. 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 Responsive and Responsible Proposer, 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 staffing of any Proposer.

Notice of Award Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Insurance Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit C of Attachment A) prior to Proposal submission.

Taxpayer Identification Number The apparent successful Proposer shall provide its Taxpayer Identification Number (“TIN”) and backup withholding status on a completed W-9 form if either of the following applies:

When requested by Agency (normally in an intent to award notice), or When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

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 Contract. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

Responsibility Inquiry Form Selected Proposer(s) shall submit a completed, accurate and signed Responsibility Inquiry form within 5 business days of receipt of Intent to Award notice (see form for additional information regarding Agency’s responsibility review). The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Procurement Forms) and may be submitted as hard copy or electronically via e-mail.

1.3.3 Price Information

Billing rates and price data may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances.

Detailed Price Proposal – A Detailed Price Proposal must be submitted no later than 5 business days after Agency and selected Proposer agree on scope and finalize the statement of work. The Detailed Price Proposal (using the fully loaded billing rates submitted for scoring) must include all labor, profit and expenses to complete each task and deliverable of the Services as follows:

· Proposed staff assignments (job classifications and names) and hours per task and sub-task;

· Hours per task and sub-task for each subcontractor, if any, with job classifications and names;

· Itemization of any necessary equipment expenses, travel and other direct non-labor expenses for prime (and for each subcontractor, if any).

Contingency Tasks. These are tasks that may or may not be required based on circumstances that are determined after the work has begun. If Contingency Tasks are included for the project, amounts for Contingency Tasks must be shown on the Price Proposal as a separate line-item for each task. The amount for a Contingency Task must include the total price for the task, including expenses. Direct non-labor expenses for Contingency Tasks must not be included in an overall amount for direct non-labor expenses applied to the budget for the non-contingency tasks.

CONTRACT NEGOTIATION

Negotiation After selection of a successful Proposer, Agency may negotiate the Statement of Work within the scope of work advertised in this solicitation, as well as following terms and conditions:

· Pricing,

· Method of Compensation and Basis for Payment, and

· Term of Contract By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes may be subject to prior approval of the Oregon Department of Justice.

In compliance with Oregon State laws, the following items may not be negotiated between Agency and the apparent successful Proposer:

Choice of law Choice of venue Constitutional requirements All applicable Federal and State requirements In the event that the parties have not reached mutually agreeable terms within 90 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

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 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.

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 from the jurisdiction of any court.

OWNERSHIP/PERMISSION TO USE MATERIALS

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 purpose of evaluating the Proposal, negotiating an 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.

CANCELLATION OF RFP; REJECTION OF PROPOSALS; 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 Agency 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.

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.

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. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

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 Contract. (ORS 279B.025)

PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

image1.jpeg