1 - RFP S-10700-00012867 Contact Center 3.6.25~1.docx

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Contact Center as a Service (CCaaS) Solutions
Solicitation number
S-10700-00012867
Issued by
Marion County, Oregon

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RFP S-10700-00012867: Contact Center as a Service Solutions

This is a Request for Proposal issued by the State of Oregon Department of Administrative Services, State Procurement Services, on behalf of Enterprise Information Services (EIS) Shared Services and other authorized state agencies, seeking Contact Center as a Service (CCaaS) solutions. The RFP solicits proposals for cloud-based contact center platforms capable of supporting multi-channel communications including voice, email, chat, and digital interactions to serve Oregon state executive branch agencies. The pre-proposal conference is scheduled for March 13, 2025, at 11:00 AM PT, with questions due by March 18, 2025, at 2:00 PM PT. Proposals must be submitted by April 7, 2025, at 2:00 PM PT through OregonBuys. The anticipated Notice of Intent to Award will be issued at a later date, with an award protest period of seven calendar days thereafter. The master contract will have an initial term of two years with renewal options extending to a maximum of ten years total. SPS anticipates awarding one or more master contracts to support the state's current contact center infrastructure, which processes approximately 800,000 calls monthly across 5,400+ agents and 600+ supervisors.

The current state environment utilizes OpenScape Contact Center (OSCC) on-premise infrastructure and AWS Amazon Connect as managed service solutions provided by Kyndryl, Inc.; the state indicates a preference for proposals offering AWS Amazon Connect as the platform. The state operates 18,038 incoming lines and maintains approximately 300 toll-free numbers across two geographically redundant Tier III data centers. Pricing will be evaluated subjectively by the evaluation committee as part of the total scoring methodology, which allocates 1,474 total possible points across multiple evaluation criteria including technical functionality (264 points), security standards (200 points), price proposal (200 points), service management and support (180 points), and other qualitative factors. The state encourages participation from small businesses, disadvantaged business enterprises, minority-owned businesses, women-owned businesses, service-disabled veteran-owned businesses, and emerging small businesses certified through Oregon's Certification Office for Business Inclusion and Diversity (COBID). Proposers must submit detailed responses including proposal forms, price proposals, technical and business functionality requirements spreadsheets, and security standards documentation. No specific contract values or funding amounts are disclosed in the RFP materials provided.

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STATE OF OREGON

Acting by and through the Department of Administrative Services, State Procurement Services On the behalf of Enterprise Information Services, Shared Services and other Authorized Agencies

IS ISSUING THIS REQUEST FOR PROPOSALS (RFP)

UNDER OREGONBUYS® BID NUMBER S-10700-00012867

FOR

CONTACT CENTER AS A SERVICE (CCaaS) SOLUTIONS

Date of Issue: March 6, 2025 Closing Date and Time: April 7 , 2025

2:00 PM PT

Single Point of Contact (SPC):Rachel R. Smith, IT Procurement Strategist
Address:1225 Ferry St SE
City, State, ZipSalem, Oregon 97317
Phone (voice)971-707-0263
E-mail:Rachel.r.smith@das.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

1. GENERAL INFORMATION

The State of Oregon, acting by and through the Department of Administrative Services, State Procurement Services (“SPS”) is issuing this Request for Proposal (“RFP”) on behalf of Enterprise Information Services (“EIS”) Shared Services, and other Authorized Agencies. The purpose of this RFP is to invite prospective Proposers to submit a proposal to supply Contact Center as a Service (CCaaS) solutions as described on the Scope of Services attached as Attachment A, Scope of Services.

SPS anticipates the award of one or more Master Contracts for CCaaS solutions The initial term of the Master Contract will be two (2) years with options to renew up to a maximum of 10 years.

Persons interested in providing the Services may submit a Proposal using the forms attached as Attachment C, Proposal Form, Attachment D -Price Proposal Form, Attachment F – Technical and Business Functionality, and Attachment G – Security Standards Spreadsheet. Proposals must be submitted using Attachments C, D, F and G and submitted via OregonBuys®. Alternate submission methods should be arranged via email to SPC by Questions/Requests for Clarification Due date.

1.1 Schedule:

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

Event
Date
Time
Pre-Proposal Conference
3/13/2025
11:00 AM PT
Questions / Requests for Clarification Due
3/18/2025
2:00 PM PT
Answers to Questions / Requests for Clarification Issued (approx.)
TBD
RFP Protest Period Ends
3/18/2025
Opening (Proposal Due)
See RFP cover page
Issuance of Notice of Intent to Award (approx.)
TBD
Award Protest Period Ends
7 calendar days after Notice of Intent to Award

1.2 Single Point of Contact:

The Single Point of Contact (SPC) for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

1.3 RFP and Attachments:

This RFP includes the following Attachments that are incorporated:

Attachment A: Scope of Services Attachment B: Sample Master Contract Attachment C: Proposal Form Attachment D: Price Proposal Form Attachment E: Certification Office for Business Inclusion and Diversity Attachment F: Technical and Business Functionality Attachment G: Security Standards Spreadsheet

2. BACKGROUND

2.1 Agency Overview

The State of Oregon’s Enterprise Information Services (EIS) team has sole authority to provide managed telephony and contact center services to Oregon state executive branch agencies, boards and commissions (“Agencies”).

Within EIS, Agencies are organized into Program/Policy Areas: Administrative and Business Services, Education, Natural Resources, Healthy People, Public Safety, and Transportation and Economic Development. Each are aligned with an EIS Assistant CIO (ASCIO). ASCIOs report to the State CIO and are tasked with building trusted relationships with their agencies to help develop consistent, coordinated, and collaborative modernization strategies. The assessment, strategy recommendations, and other ongoing work contemplated in this RFP will need to support all customers. Agencies vary in size from only a few full-time employees to more than 10,000. Many of the employees continue to work remotely.

Currently, EIS has one managed service provider, Kyndryl, Inc. (Kyndryl) that provides OpenScape Contact Center (OSCC) and AWS Amazon Connect as solutions for Agencies. AWS Amazon Connect was recently added as an option by the current provider, but EIS intends to provide Agencies with additional CCaaS solutions and managed service providers through this RFP.

2.2 Current State

The State's on-premise enterprise system is currently housed in two on premises Tier III data centers that are geographically redundant for disaster recovery purposes with multiple SIP (Session Initiation Protocol) circuits. The contact center software is OSCC. The architecture has the software running on VMware so new instances can be spooled up if needed. From a numbers perspective there are four separate instances of OSCC with 600+ supervisors, and 5400+ agents. There are 18038 of incoming lines, and approximately 300 toll-free numbers. The call centers receive ~800,000+ calls to process per month, with an average of 31,000 callers in the system on any given day.

EIS, through its managed service provider, also offers AWS Amazon Connect as a contact center solution. The State’s AWS Amazon Connect environment is currently built in US West with Disaster Recovery options built for US East. There is a Direct Connection to the State Data Center for API data transport. Due to this investment and existing infrastructure, the State prefers that Proposers offer AWS Amazon Connect as the platform in response to this RFP.

Telephony invoices go through a “Telephony Expense Management” (TEM) Portal system through Kyndryl that is subcontracted by Sakon formerly known as GSG.

Current state IT Service Management software (ITSM) portal is provided by Ivanti and is the preferred method to submit service requests, changes, and incident tickets from agencies to managed service providers.

3. SOLICITATION PROCESS

3.1 Posting of the RFP, Amendments, or other Communications:

SPS will post the RFP and all documents or other communication on OregonBuys®. Documents will not be mailed or emailed to prospective Proposers. As a courtesy, SPS may post the RFP and other documents or notices on other websites, but OregonBuys® is the official place for all information related to this RFP. (For notes on OregonBuys®, see Sections 3.5.2 and 5 below.)

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

3.2 Pre-Proposal Conference:

SPS will hold a pre-proposal conference on the date and time set forth in the Schedule above to discuss the RFP, the Scope of Services, the solicitation process (including submittal of Proposals and evaluation), and the terms and provision of the Contract. Statements made at the Pre-Proposal conference are not binding upon SPS. Proposers may be asked to submit questions in writing.

Attendance at the pre-proposal conference is voluntary, but highly encouraged. Interested parties may participate in the Pre-Proposal Conference by:

Thursday, 3/13/2025 11:00-12:00 PT Microsoft Teams Need help?

Join the meeting now Meeting ID: 244 426 654 42 Passcode: wg2PD2fP

Dial in by phone +1 503-446-4951,,45647842# United States, Portland Find a local number Phone conference ID: 456 478 42#

3.3 Questions:

Persons interested in the RFP may submit written questions to SPS via OregonBuys® and email to SPC. SPS will answer the questions as soon as possible. All questions must:

· Reference the OregonBuys ®bid number and RFP title.

· Identify Proposer’s name and contact information.

· Refer to the specific area of the RFP being questioned or clarified (i.e. page, section and paragraph number).

Be received on or before the due date and time for Questions/Requests for Clarification identified in the Schedule above.

3.4 Protests of the RFP or Amendments:

Prospective Proposer may submit a written protest of anything contained in this RFP, including but not limited to, the RFP process, Scope of Services, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

A protest of the RFP must be received on or before the due date and time set forth in the Schedule above. Protest(s) of Amendments, if issued, must be received on or before 5:00 pm Pacific Time on the second Business Day following the issuance of the amendment unless otherwise set forth in the Amendment.

Requirements for RFP or RFP Amendment Protests: Protest(s) must be sent to the SPC via email within the time frames set forth in the RFP or the Amendment. The protest must include the following:

· OregonBuys® Bid Number,

· identify the Proposer (including the Proposer’s name and contact information),

· be sent by an authorized representative.

· specify the grounds for the protest, including:

· 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.

SPS 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 SPS.

3.5 Submittals:

Proposer must submit one copy per offered Solution of each of the following required documents electronically through OregonBuys® (see the process for electronic submission at: OregonBuys Proposer Formal Solicitation Response.pdf), or via email to the SPC (the following required documents together comprise Proposer’s “Proposal”):

· Attachment B, Sample Contract: Proposer shall submit one copy of Attachment B, marked up with any proposed changes. The intent of this RFP is to generate a Master Contract, upon finalization, state agencies with a need for services would be able to purchase those services under this Master Contract. When submitting Attachment B, Proposer shall also include language and processes to be followed/utilized for agencies to purchase products or services from the Proposer.

· Proposer should submit a sample of a quote for new services as part of its mark-up of Attachment B.

· Attachment C, Proposal Form. Proposer shall complete and submit one copy of Attachment C, bearing the Proposer’s authorized representative’s Signature. Proposer entries in Attachment C, should be in the box or space provided for each evaluation criteria and must contain text only (minimum font size 10), unless images are specifically requested. Proposer should not reference or incorporate links to websites or online documents in its responses, as all documents must be submitted on or before Closing.

Proposer must complete the following sections in Attachment C:

1. Proposer Overview Section. Proposer shall provide its name, address, incorporation (if any), contact information, federal tax identification number, and business registry number.

2. Read and complete the General Information Section I.

3. Provide responses to each question in Section II-Overview, III-Enterprise Level Services, IV-Functionality and Services, and V-Security. If Proposer is unable to provide a requested Product or Service, Proposer must so indicate in its response. Failure to respond to one or more questions with a full description of the Proposer’s offer or an indication that Proposer is unable to provide may result in rejection of Proposer’s Proposal.

4. Section VI-Additional information. Proposer may use this section to provide any additional information that may not fit in the other sections and which they believe will help the State understand their solution

5. Section VII, Key Personnel and Other Staff and Subcontractors or other Providers or Agents. Provide list of Key Persons and other staff, including name and qualifications. Proposer shall provide resumes for each Key Person.

6. Sections VIII and IX. Read and complete the Responsibility Inquiry and Proposer Certifications Sections. Failure to respond to one or more questions will result in rejection of Proposer’s Proposal.

7. Sign the Proposal Form. Failure to sign the Proposal Form may result in rejection of Proposer’s Proposal.

· Attachment D, Price Proposal Form. Proposer shall submit one copy of Attachment D, as a separate electronic response file.

· Attachment E, COBID Certification (If applicable)

· Attachment F, Technical and Business Functionality Requirements (Excel Spreadsheet)

· Attachment G, Security Standards Spreadsheet (Excel Spreadsheet)

*If Proposer believes any of the information in Attachments C, D, F or G is exempt from disclosure under the Oregon Public Records Laws, Proposer must submit a redacted copy of the applicable Attachment(s), in addition to an unredacted copy of the Attachment(s), and Proposer must detail the applicable exemption in a written statement submitted along with the redacted copy.

All Proposals must be submitted on or before the Opening Date and time set forth in the Schedule above. LATE PROPOSALS WILL NOT BE ACCEPTED OR EVALUATED.

3.6 Opening:

There will be no public opening of Proposals. SPS will post the names of all Proposers on OregonBuys® within three Business Days after Opening, but no other information or Proposals received will be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

3.7 Rejection of Proposals:

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

· Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

· Proposer has undisclosed liquidated and delinquent debt owed to the State or any agency, board, commission, department or division 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 SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

· Proposer attempts to influence a member of the Evaluation Committee.

· Proposal is conditioned on SPS’ 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 Amendment(s)

3.8 Evaluation:

3.8.1 Responsiveness Determination: SPS will review all Proposals submitted prior to the Opening to determine if the Proposal is Responsive to all RFP requirements. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, SPS may waive mistakes in accordance with OAR 125-247-0470.

3.8.2 Responsibility Determination: Prior to award of a Contract with any Proposer, SPS must determine whether a Proposer is Responsible based upon the information set forth in Attachment C. SPS may reject a Proposer found to be not Responsible, any time prior to award.

3.8.3 Evaluation Committee and Scoring Methodology: Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and SPS may have additional or fewer evaluators for optional rounds of competition. Evaluation Committee members will individually evaluate each Proposer’s Attachment C, Proposal .

Evaluators will assign a score for each evaluation criterion listed in Attachment C up to the maximum points available as set forth below. Evaluators will use the following approach in awarding points:

Grade
Quality Describer
Description
Strengths Relative to Requirements
Weaknesses
Confidence in Response
A
Outstanding
Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The proposer provides insight into its expertise, knowledge, and understand of the subject matter
Meets all requirements/request - numerous strengths in key areas
None
Extremely High
A-
Very Good
Response provides useful information while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apperant deficiencies noted.
Meets requirements/request - some strenghts in key areas
Minor-Not in key areas
Very High

B+

B

High

B-

C+
Adequate
Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requiremetns with no additional information put forth by the Proposer.
Meets most requirements/request - minimal strengths provided in their response.
Moderate - does not out weigh strengths
Moderate
C
Fair
Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.
Meets some of the requirements or request with some strengths.
Exist in key areas - outweigh strengths
Low

C-

D

Very Low

D-

F
Response of No Value
An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter
Meets none of the requirements or requests.
Significant and Numerous
No Confidence

If a Proposal is unclear, the SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a 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.

SPS, at its option, may hold one or more Evaluation Committee meetings, including a final Evaluation Committee meeting to review scores. Evaluation Committee members may change their scores up to the time that SPS requests final scores. If an Evaluation Committee member elects to change its independent score based upon the discussion with other Committee members, the member changing his or her score must line-out the original score, initial and date the change, and may include the reason for the change on his or her scoring sheet.

3.8.4 Attachment C, Proposal Form: Proposer must submit its Proposal as set forth in Attachment C. Attachment C will be evaluated and scored subjectively by the Evaluation Committee. The State may apply preference during evaluation to solutions that strengthen the State’s current investment, infrastructure and knowledge base related to existing solutions.

3.8.5 Attachment D, Price Proposal: Proposer must complete and submit a Price Proposal, Attachment D. Price will be evaluated and scored subjectively by the Evaluation Committee.

3.8.6 Attachment F, Technical and Business Functionality: Proposer must complete and submit Attachment F, Technical and Business Functionality. Attachment F is self-scoring with a maximum possible score of 264 points. Evaluators also will review the Attachment F responses by Proposer during evaluation and may revise final score based on submitted comments.

3.8.7 Attachment G, Security Standards Spreadsheet: Proposer must complete and submit responses to the Security Standards Spreadsheet, Attachment G. Attachment G will be evaluated and scored subjectively by a subject matter expert.

3.8.8 Evaluation Criteria and Available Points: The Evaluation Committee will score pursuant to the following Evaluation Criteria and Available Points:

Evaluation Criterion
Available Points

Attachment C

General Information
50
Overview
60
Enterprise level service management
50
Functionality-Reporting
30
Functionality-Integration
30
Functionality-Contact Handling
60
Functionality-System Administration
80
Functionality-Other
90
Service Management and Support Services
180
Security Narrative
60
Key Personnel
20
Value Add
100
Price Proposal – Attachment D
200
Technical and Business Functionality Requirements - Attachment F
264
Security Spreadsheet – Attachment G
200
TOTAL POINTS
1474

3.9 Additional Rounds:

SPS may determine an apparent successful Proposer(s) with no additional rounds of competition. However, SPS may, at its option, conduct additional round(s) of evaluation, if SPS believes additional rounds of competition may be in the best interest of the State.

If SPS elects to conduct additional rounds of evaluation, SPS will issue a Notice of Competitive Range based upon a natural break in the scoring. SPS will send notice to all Proposers to be included in the additional round with instructions and next steps.

If a Proposer is excluded from an additional round, the Proposer may submit a written protest of its exclusion to the SPC within seven (7) calendar days of the issuance of the Notice of Competitive Range. The protest must be emailed to the SPC. The protest must include the OregonBuys® Bid Number, identify the Proposer (including the Proposer’s name and contact information), and state the reason for the protest. DAS 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 SPS.

3.10 Ranking and Award:

SPS will determine the score from each Proposer’s Attachment C, Attachment D – Pricing, and Attachment F – Technical and Business Functionality Requirements, , by averaging the scores for each Proposer in a given round of competition. SPS will calculate the score by totaling the points awarded by each Evaluation Committee member and dividing by the number of Evaluation Committee members. SPS will add the score for Attachment G – Security Standards to the combined Attachment C, D, and F score for each Proposer. SPS will rank the Proposers from highest to lowest based upon the scores. If SPS conducts two or more rounds, SPS will add points from all rounds to determine a Proposer’s final ranking.

SPS, if it awards a Master Contract(s), will award a Master Contract (s) to the highest-ranking Responsible Proposer. SPS may award less than the full Scope of Services described in this RFP.

SPS will issue a Notice of Intent to Award a Master Contract(s) to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

3.11 Protest of the Award:

An Affected Proposer may protest the Intent to Award. A Proposer is an Affected Proposer only if the Proposer would be eligible for a Master Contract 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 within the specific award category and company size are non-Responsive.

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

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

· SPS’ evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

The protest must be emailed to the SPC within seven calendar (7) days of the Notice of Intent to Award, and the protest must include the OregonBuys® Bid Number, identify the Proposer (including the Proposer’s name and contact information), be signed by an authorized representative of Proposer and specify the grounds for the protest. SPS 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 SPS.

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

4. CONTRACT NEGOTIATION AND ADDITIONAL SUBMITTALS

4.1 Contract Negotiation: After issuance of the Notice of Intent to Award, SPS will enter into contract negotiations with the successful Proposer(s). By submitting a Proposal, Proposer agrees to the terms and conditions of the Sample Master Contract (Attachment B), except for the provisions that SPS has identified as negotiable.

SPS is willing to negotiate only the following terms in the Master Contract:

· Description of the Services and Costs

· Ordering Process

· Term

· Indemnification and Limitation of Liability

· Required Insurance Limits

BE ADVISED: SPS is not required to make any changes to the Master Contract and many provisions cannot be changed. Proposer is also cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. All modifications to the Sample Master Contract are subject to review and approval by the Oregon Department of Justice.

In the event that the parties have not reached mutually agreeable terms within 14 calendar days after the beginning of negotiations with an apparent successful Proposer, SPS may extend or terminate negotiations with that Proposer.

4.2 Additional Submissions from Successful Proposer(s):

Proposer that is selected for a Master Contract award under this RFP must submit the following:

· Proposer’s tax identification number and backup withholding status on a completed W-9

· Pay Equity Certificate, if Proposer employs 50 or more full-time workers and the value of the Contracts to be issued under the Master Contract exceed $500,000, Proposer shall, if applicable, submit to SPS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

· Nondiscrimination in Employment Certification: Proposer must certify that 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 that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5. OREGONBUYS®

OregonBuys® is the State of Oregon’s electronic procurement system and is found at: at https://oregonbuys.gov/.

All Suppliers must be registered in OregonBuys® to do business with the State. Registration is free. To create a Supplier account, click the blue “Register” button in the top right corner of the OregonBuys® website: https://oregonbuys.gov/bso. For registration assistance, see Supplier registration guidance.

PROPOSER IS SOLELY RESPONSIBLE FOR ENSURING ITS SUPPLIER INFORMATION IS CURRENT AND CORRECT IN OREGONBUYS®. THE STATE WILL ACCEPT NO RESPONSIBILITY FOR MISSING OR INCORRECT PROPOSER INFORMATION.

OregonBuys® Assistance: Parties needing assistance with OregonBuys® (this includes registration) may contact the OregonBuys® Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

6. LEGAL CONCERNS

6.1 Choice of Law: This RFP is subject to the laws of the State of Oregon, including the Public Contracting Code, found at ORS 279A and 279B and the DAS Model Contracting Rules, found at OAR 125-246 and 125-247. 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.

6.2 Procurement Authority: SPS has authority to issue this RFP under ORS 279A.050 and OAR 125-246-0170(3).

6.3 Procurement Method: SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. SPS 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.

6.4 Definitions: Definitions for the terms used in this RFP and its attachments are found in the RFP, DAS Model Contracting Rules found at OAR 125-246-0110, or as defined below. Terminology specific to the OregonBuys® system may be found at: Phase1TerminologyCrosswalk.pdf (oregon.gov).

6.5 Ownership /Permission to Use Materials: Proposals submitted in response to this RFP become the property of the State. 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 documents solely for the purpose of evaluating the Proposal, awarding a Contract, or as otherwise needed to administer the solicitation process, and to fulfill obligations under Oregon Public Records Laws. Proposals, including supporting materials, will not be returned to Proposer.

6.6 No Liability for Transmission Issues: Proposer is solely responsible for ensuring its Proposal is received by SPS in accordance with the RFP requirements before Opening. SPS is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. Per OAR 125-247-0330(6) in the event of a failure of an Electronic Procurement System that interferes with the ability of a Person to submit Electronic Submittals, to protest or to otherwise participate in the procurement, SPS may cancel the procurement or may extend the date and time of receipt of Electronic Submittals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

6.7 Electronic Signatures: By submitting a response to the RFP, Proposer agrees with SPS 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.

6.8 Cost of Submitting a Proposal: Proposer must pay all costs of proposing including, but not limited to, the cost to prepare and submit Proposal, samples and other supporting materials, or to participate in demonstrations, if required by this RFP.

6.9 Proposal Modification or Withdrawal: If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must withdraw its Proposal and submit its modification. To be effective the modification must include the OregonBuys® bid number and be submitted to the SPC prior to Opening.

Proposer must include an explanation of the modifications that includes a statement that the amendment or modification amends and supersedes the previously submitted Proposal. The explanation must reference the RFP and affected section or sections. The modified Proposal may consist of only the section or sections modified or the entire proposal if the modifications are extensive.

It is the responsibility of the Proposer to ensure that a modified Proposal is submitted before the due date and time identified in Section 1.1. All modifications made to a Proposal before the due date and time must be made in writing and must be properly signed by Proposer’s authorized representative.

If a Proposer wishes to withdraw a submitted Proposal, Proposer must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys® bid number.

6.10 Cancelation and/or Rejection of Proposals; Damages: Pursuant to ORS 279B.100, DAS may reject any or all Proposals in whole or in part and may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State. SPS, the State, and their officers, employees and agents are not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this RFP, or rejection of any or all Proposals.

6.11 Oregon Public Records: All submittals are public records and subject to public inspection after SPS issues the Notice of Intent to Award pursuant to Oregon Public Records Laws (ORS 192.311 through 192.478). Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law, Proposer shall mark all such information as “Confidential” and submit a fully redacted copy of the Proposal. Proposer also must detail in its submittal the applicable exemption.

6.12 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 opportunity.

6.13 Certified Firm Participation: Pursuant to Oregon Revised Statute (ORS) Chapter 200, SPS 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. SPS also encourages joint ventures or subcontracting with certified small business enterprises.

6.14 Recycled Products: Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the contract services or work set forth in this document and the subsequent Master Contract. (ORS 279B.055(2)(f), ORS279B.225, and ORS279B.270-279B.280) Resilient Site Initiative Consulting RFP # S-10700-00010909 Page 2 of 2Level 3 - Restricted

Level 3 - Restricted

Oregon Contact Center as a Service RFP #S-10700-00012867 Page 2 of 2 image1.jpeg

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