10000-00006930 _ 5622 RFP Bed frame.pdf

RFP # S-10000-00006930 (ODHS-5622) for BEHAVIORIAL HEALTH BED FRAMES

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STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF HUMAN SERVICES

is issuing this Intermediate Procurement under S-10000-00006930 for

BEHAVIORIAL HEALTH BED FRAMES

Date of Issue: May 23, 2023

Opening Date and Time: June 6, 2023 3:00 PM PST

Single Point of Contact (SPC): Andria Otjen, Procurement and Contract Specialist

Address: 500 Summer St, E03 City, State, Zip Salem, OR 97301 Phone (voice) (971) 208-4125 E-mail: ANDRIA.OTJEN@odhsoha.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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE OF EVENTS

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SPECIFICATIONS

2.1 OVERVIEW AND PURPOSE

2.2 AUTHORITY AND METHOD

2.3 DEFINITION OF TERMS

2.4 SPECIFICATIONS

2.5 DELVERY AND FREIGHT CHARGES

2.6 OTHER REQUIREMENTS

SECTION 3: PROCUREMENT PROCESS

3.1 PUBLIC NOTICE

3.2 PRE-PROPOSAL CONFERENCE

3.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

3.4 PROPOSAL SUBMISSION AND DELIVERY OPTIONS

3.5 PROPOSAL MODIFICATION OR WITHDRAWAL

3.6 PROPOSAL DUE

3.7 PROPOSAL REJECTION

3.8 MINIMUM SUBMISSION REQUIREMENTS

3.9 OPENING OF PROPOSAL

3.10 EVALUATION PROCESS

3.11 POINT AND SCORE CALCULATIONS

3.12 PREFERENCES

3.13 RANKING OF PROPOSERSS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 PRICE AGREEMENT NEGOTIATION

4.4 MATERIAL SAMPLE

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

5.5 COST OF SUBMITTING AN PROPOSAL

5.6 RECYCLABLE PRODUCTS

5.7 CHECKLIST DISCLAIMER

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services, Office of Developmental Disabilities Services (ODDS), Stabilization and Crisis Unit (SACU), (“Agency”), is issuing this Intermediate Procurement Request for bed frames.

ODDS is a State of Oregon government agency whose purpose is to provide Oregonians, with an Intellectual and or Developmental Disability (“I/DD”), access to quality supports that are simple to use, responsive to their strengths, needs and choices, while they live and thrive as valued members of their community.

SACU is a 24-hour crisis residential program, that serves Individuals with intellectual and developmental disabilities (I/DD), whose support needs exceed the supports offered or provided by community-based residential programs and often times the Individuals enter SACU homes in crisis.

SACU operates twenty (20) group homes along the I-5 corridor from Portland to Eugene, serving about 100 individuals. Each home offers varying levels of environmental supports and modifications.

Agency anticipates the award one price agreement for goods requested under this RFP.

Purchase orders will be used to place individual orders as items are needed, delivery location and dates will be specified in individual purchase order.

Agency may issue purchase orders pursuant to this RFP up to 5 years from the effective date of the Price Agreement or up to the intermediate procurement threshold whichever occurs first.

Proposers are advised that there is no guarantee of any specific number of purchases under this

RFP.

1.2 SCHEDULE OF EVENTS

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

Questions / Requests for Clarification Due May 26, 2023 3:00 PM PST

Answers to Questions / Requests for Clarification Issued (approx.) May 31, 2023

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) June 08, 2023

Agency operating hours are:

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Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.3 SINGLE POINT OF CONTACT (SPC)

The 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.

SECTION 2: AUTHORITY, OVERVIEW, AND SPECIFICATIONS

2.1 OVERVIEW AND PURPOSE

ODDS is dedicated to the safety and wellbeing of our SACU Direct Support Crisis staff (Staff) and the Individuals in their care.

ODDS recognizes that standard bed frames do not provide the features most beneficial to the safety and needs of the Staff or the Individuals using the beds. ODDS wants to purchase bed frames in various sizes that are durable, hygienic, and with safety features that meet the unique needs of the Individuals and Staff caring for those Individuals.

2.2 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0170(2).

Agency is using the intermediate procurement method, pursuant to 279B.070 and OAR 125-247- 0270, and may use any available optional procedures.

2.3 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/TerminologyCrosswalk(BothPhases).pdf

2.4 SPECIFICATIONS

Agency is seeking Proposals to provide and deliver bedframes. Agency at its sole discretion will determine if goods are an equal to the requested specifications. Agency will determine at its sole discretion if the size of bed available from the Proposer will meet Agency’s needs. Any reference to brand name is meant to be a suggestion not exclusive.

Agency seeks Proposal for goods that best meet Agency’s needs.

2.4.1 Bedframe - Moduform Maxi Platform (or equal)

https://www.oregon.gov/das/ORBuys/Documents/TerminologyCrosswalk(BothPhases).pdf

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• Material is a blend of Linear Low-Density Polyethylene (or comparable), that is non-porous and impact, puncture, prick, fluid resistant, and durable,

• Bed deck comprised of curved channels for fluid management,

• Sculpted side rails to allow easy ingress and egress,

• Rigid for stability and noise reduction,

• Provides ease of cleanability with commercial detergents, steam, and bleach-based agents,

• Fire retardant and self-extinguishing,

• Ligature resistant design,

• All corners and edges are rounded,

• Units are easily mounted to either the floor or wall using tamper-proof hardware,

• Under bed storage options, and

• Size requested including but not limited to:

o 32”-60” width x 78”-83” length x 17”-23” high (or equal),

2.5 DELVERY AND FREIGHT CHARGES

2.5.1 All prices quoted shall be FOB Destination with all freight, shipping and handling, and travel charges included in the quoted price. Locations may require lift gates for delivery.

2.5.2 All prices quotes shall include delivery to addresses including but not limited to:

• 5334 Quail Street NE, Salem OR 97305

• 871 Cade Avenue NE, Keizer, OR 97303

• 918 Charles Street, Newberg, OR 97132

• 650 Dean Avenue, Eugene, OR 97404

• 5525 Discovery Place NE, Salem, OR 97317

• 2736 N Williams Ave, Portland, OR 97227

• 2720 N Williams Ave, Portland, OR 97227

• 5683 Gath Road SE, Salem OR 97317

• 18600 NE Halsey Street, Portland, OR 97230

• 5545 Discovery Place NE, Salem, OR 97317

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• 9355 SE Hawthorne Boulevard, Portland, OR 97216

• 4914 SE Ina Avenue, Milwaukie, OR 97267

• 1105 James Street, Newberg, OR 97132

• 2710 Jody Place, Lebanon, OR 97355

• 1999 - 74th Avenue SE, Salem, OR 97317

• 9352 SE Madison Street, Portland, OR 97216

• 805 E. Oak Street, Lebanon, OR 97355

• 350 River Road, Eugene, OR 97404

• 9460 Fowler Lane SE, Turner, OR 97392

• 38536 Weirich Drive, Lebanon, OR 97355

2.6 OTHER REQUIREMENTS

All goods offered and provided by Proposer shall be new, not used or refurbished.

Delivery locations may require a lift gate.

SECTION 3: PROCUREMENT PROCESS

3.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposer.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.2 PRE-PROPOSALS CONFERENCE

A pre-submittal conference will not be held for this solicitation.

3.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be e-mailed to the SPC named on page one of this ITB;

• Reference the OregonBuys bid number;

• Identify Proposer name and contact information;

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

https://oregonbuys.gov/

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• Be received by the due date and time for Questions/Requests for Clarification identified in the

Schedule in Section 1.2.

Questions submitted via fax or telephone will not be accepted nor responded to.

Agency will respond to questions and requests for clarifications by posting a final Q&A document in OregonBuys. In its sole discretion, Agency, may change this RFP by written Addendum and post to OregonBuys. Clarifications, corrections or changes to this RFP made in any other manner are not binding on the State.

3.4 PROPOSAL SUBMISSION AND DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the solicitation requirements before Closing date and time (“Opening” date in OregonBuys).

Agency is not responsible for any delays or transmission errors. Proposals submitted by any means not authorized may be rejected.

All Proposer submitting a Proposal in response to this RFP must have a vendor account setup in OregonBuys. To register, visit https://oregonbuys.gov and click on the blue “Register” button in the top right.

Links for additional resources:

• https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf

• https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.

pdf

• Vendor Help Desk phone: 1-855-800-5046, or suppliersupport@periscopeholdings.com

3.4.1 Electronic Submission in OregonBuys

Proposal submission electronically through OregonBuys is the preferred delivery method. Detailed instructions on how to submit an Proposal can be found at the following link:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Form al%20Solicitation%20Response.pdf

3.4.2 Electronic Submission via Email to SPC

Proposer may submit its Proposal electronically by email attachment(s) to the SPC listed on the cover page.

Proposer must reference the RFP number in the subject line of the Email.

In the body of the Email include Proposer business name if applicable, contact person’s name, phone number and Email address. SPC will reply to the Email confirming receipt of attachments, but documents attached will not be opened until after the RFP Closing date and time.

https://oregonbuys.gov/ https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf mailto:suppliersupport@periscopeholdings.com https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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3.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.4 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

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

3.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

3.7 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, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• 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 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 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 Amendment(s).

3.8 MINIMUM SUBMISSION REQUIREMENTS

3.8.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements:

• Attachment B – Proposer Information and Certification Sheet (not scored)

• Attachment C – Price Proposal (scored)

• Attachment D – Responsibility Inquiry (not scored)

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• Proposers must provide description of proposed bedframe(s), sizes, and show how they meet the requirements listed in Section 2.4 Specifications should include pamphlets, brochures, catalogs, or other documents describing specifications.

(scored)

• Any addenda issued.

3.8.2 Proposal Format and Quantity

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.

Proposer shall submit one electronic copy of its Proposal, Price Proposal and all required attachments.

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. A Proposal that merely proposes to provide the goods as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

3.8.3 Authorized Representative

A representative authorized to bind the Proposer to a contract shall sign the Proposal and RFP attachments. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.8.4 Price Proposal

Proposer shall submit pricing Proposal for bedframe as outlined in Section 2.4 Specifications.

Proposer should use Attachment C (Price Proposal). Price Proposal must be fully loaded to include all taxes and delivery charges.

Proposer shall submit cost Proposal as separate attachment using method as described in Section 3.4 Proposal Submission and Delivery Options.

3.9 OPENING OF PROPOSAL

There will not be a public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

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

3.10 EVALUATION PROCESS

3.10.1 Responsiveness and Responsibility Determination

3.10.1.1 Responsiveness Determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.8 (MINIMUM SUBMISSION REQUIREMENTS). If the Proposal is unclear, the SPC may request clarification from Proposer.

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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, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Proposer shall submit a signed Responsibility Inquiry (Attachment D) with Proposal.

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

3.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 3.10.2 up to the maximum points available as specified in Section 3.11 (Point and Score Calculation).

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.

3.10.3 BEDFRAME EVALUATION

3.10.3.1 Evaluation Item 1: Bed frame material

Is bedframe made of material that is a blend of Linear Low-Density Polyethylene (or comparable), that is non-porous and impact, puncture, prick, fluid resistant, and durable?

3.10.3.2 Evaluation Item 2: Fluid management system

SCORE EXPLANATION

10 OUTSTANDING - Goods provided by Proposer exceed requirements of specification.

6-9 ADEQUATE –Goods provided by Proposer adequately meet requirements of specification

1 – 5 FAIR –Goods provided by Proposer minimally meet requirements of specification.

0 RESPONSE OF NO VALUE – Goods provided by Proposer do not have specification requested.

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Does bedframe have fluid management system?

3.10.3.3 Evaluation Item 3: Ease of ingress/egress

Does bedframe allow for easy ingress and egress?

3.10.3.4 Evaluation Item 4: Ease of cleanability

Can bedframe be cleaned with commercial detergents, steam, and bleach-based agents?

3.10.3.5 Evaluation Item 5: Fire retardant

Is bedframe fire retardant and self-extinguishing?

3.10.3.6 Evaluation Item 6: Rounded corners and edges

Does the bedframe have rounded corners and edges?

3.10.3.7 Evaluation Item 7: Ligature resistant design

Does the bedframe have a ligature resistant design?

3.10.3.8 Evaluation Item 8: Option for wall or mounting

Can bedframe be easily mounted to either the floor or wall using tamper-proof hardware?

3.10.3.9 Evaluation Item 9: Under bed storage options

Does the bedframe offer under bed storage options?

3.10.4 DELVIERY TIMELINE EVALUATION

Bedframes:

• Proposer with a delivery timeline of 30 days or less will receive 10 points

• Proposer with a delivery timeline of 31- 60 days will receive 5 points

• Proposer with a delivery timeline of 61 or more days will receive 0 points

3.10.5 PRICE EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Price Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

lowest price of all Proposals X cost points possible

(40) = cost score ÷ price being scored

3.11 POINT AND SCORE CALCULATIONS

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Scores are the values (0 through 10) assigned by each evaluator.

The SPC will average all scores for each evaluation criterion.

EXAMPLE: Proposer A receives scores of 10, 9, and 9.5 The SPC averages 10, 9, and 9.5 for a score of 9.5.

3.12 PREFERENCES

3.12.1 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.

3.13 RANKING OF PROPOSERSS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposer at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

NEXT STEP DETERMINATION

BEDFRAME Point Possible

3.10.3.1 Bed frame material 10

3.10.3.2 Fluid management system 10

3.10.3.3 Ease of ingress/egress 10

3.10.3.4 Ease of cleanability 10

3.10.3.5 Fire retardant 10

3.10.3.6 Rounded corners and edges 10

3.10.3.7 Ligature resistant design 10

3.10.2.8 Option for wall mounting 10

3.10.3.9 Under bed storage options 10

3.10.4 Delivery Timeframe 10

3.10.5 Price Evaluation 40

TOTAL POINTS POSSIBLE 125

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At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offer

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Price Agreement, will award one Price Agreement to the highest ranking Responsible Proposer based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope of Work described in this RFP.

4.1.2 Intent to Award Notice

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

4.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is selected for a Price Agreement award under this RFP will be required to submit additional information and comply with the following:

4.2.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Sample Price Agreement (Attachment A.)

4.2.2 Taxpayer Identification Number

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

4.2.3 Business Registry

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

http://sos.oregon.gov/business/pages/register.aspx

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4.3 PRICE AGREEMENT NEGOTIATION

After selection of a successful Proposer, Agency may enter into Price Agreement negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Proposers of such changes.

Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, Agency is not required to make any changes and many provisions cannot be changed.

Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate ONLY the Statement of Work.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

4.4 MATERIAL SAMPLE

Agency may request samples to be delivered to the Agency within 15 days of the intent to award. If requested samples are not provided in required timeframe, Agency will select next lowest Responsible and Responsive Proposer. Sample may be used to verify technical specifications. Samples may include one or more items provided by the Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

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

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=or egon4biz

5.2 GOVERNING LAWS AND REGULATIONS

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, 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.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this solicitation become the property of Agency. By submitting an Proposal in response to this solicitation, 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 Contract, if awarded to Proposer, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

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

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

5.5 COST OF SUBMITTING AN PROPOSAL

Proposer shall pay all costs incurred in connection with 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, and costs associated with protests.

5.6 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Price Agreement.

(ORS 279B.025)

5.7 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

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LIST OF ATTACHMENTS

Attachment A – Sample Price Agreement

Attachment B – Proposers Information and Certification Sheet

Attachment C – Price Proposal

Attachment D – Responsibility Inquiry