1569IntermediateRFP_Final~2.pdf

OregonBuys Bid # S-10700-00001569

STATE OF OREGON

COVER PAGE

Department of Administrative Services, Procurement Services On Behalf of the Department of Administrative Services is issuing this Intermediate Procurement under OregonBuys bid Number S-10700-00001569 for

CONSULTING SERVICES

Date of Issue: December 27, 2021

Opening Date: January 10, 2022

Single Point of Contact (SPC): Jennifer Jolley, State Procurement Analyst

Address: 1225 Ferry St Ne City, State, Zip Salem, OR 97301 Phone (voice) 971-900-7695 E-mail: jennifer.jolley@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.

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROCUREMENT PROCESS

3.3 OFFERS CONTENT REQUIREMENTS

3.4 EVALUATION PROCESS

3.5 COST EVALUATION

3.6 NEXT STEP DETERMINATION

3.7 PREFERENCES

3.8 POINT AND SCORE CALCULATIONS

3.9 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

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 SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4 https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DAS PS”) on behalf of the Department of Administrative Services (“Agency”), is issuing this Request for Proposal for a Consultant to support the development of the Scope of Work for a Request for Proposal (“RFP”) for a statewide Disparity Study of the State’s procurement processes (“Study”).

Additional details on the Scope of the services 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 for one (1) year with options to renew up to a cumulative maximum of one (1) additional year.

The successful Proposer awarded the Contract as a result of this RFP (#S-10700-00001569), WILL NOT be able to submit a proposal in response to the RFP for Statewide Disparity Study of the State’s procurement processes.

1.2 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 solicitation.

Event Date Time

Questions / Requests for Clarification Due December 30, 2021 1:00 PM

Opening (offer Due) January 10, 2022 5:00 PM

Issuance of Notice of Award (approx.) January 25, 2022

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

Terminology specific to the OregonBuys system may be found at OregonBuys

2.3 OVERVIEW AND PURPOSE

The Agency is the central agency of the State of Oregon and has overall program and execution responsibility for the State’s enterprise programs including Procurement Services (DAS PS), Human Resources, Payroll and Accounting, Facilities and many other enterprise business services.

DAS PS works closely with the Governor’s Office, other State agencies, boards and commission to procure goods, services, trade services, construction for the benefit of Oregonians. DAS PS also establishes statewide price agreements that all state agencies, board, commissions, local school districts, municipalities and local governments are able to use. Also provided by DAS PS is procurement training and certifications. In July 2021 the State moved from the Oregon Procurement Information Network (“ORPIN”) to a new cloud-based eProcurement system, OregonBuys. OregonBuys will be able to capture spend data in a much more robust manner, .The State of Oregon Governor’s Office in cooperation with the agency’s Office of Cultural Change has completed the State of Oregon Diversity, Equity and Inclusion Action Plan – A Roadmap to Racial Equity and Belonging; DEI_Action_Plan_2021.pdf (oregon.gov). We have updated our policies and practices to be more inclusive of our historically underrepresented communities in our decision-making processes. This plan provides state enterprise with the racial equity roadmap and diversity, equity and inclusion strategies and actions to incorporate across all aspects of state government.

We are conducting the first Statewide Disparity Study that will inform the state of Oregon where we are seeing disparities in state procurement and contracting and what steps we may be able to take in order to achieve parity.

The goal and objective of this RFP is to utilize an experienced consultant that is familiar with Disparity Study econometric methodologies, terminology, data collection methodologies, and has Diversity, Equity and Inclusion policy expertise. The consultant must be able to guide the Agency in the development of the Scope of Work for the State of Oregon’s Procurement Disparity Study RFP.

The objective in conducting the Disparity Study is to obtain an independent analysis of our state procurement and contracting of good, services and works. The state’s goals are for the Disparity Study Consultant to:

• Conduct an audit of statewide procurements from the last five years to investigate whether or to what extent discrimination exists in state procurement and contracting and determine how the state’s procurement practices may positively or negatively impact particular demographics (minority-, women-, and service-disabled-http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html https://www.oregon.gov/das/ORBuys/Pages/Index.aspx https://www.oregon.gov/das/Docs/DEI_Action_Plan_2021.pdf veteran- owned businesses.)

• Satisfy all legal requirements for such a study established by all relevant judicial precedent.

• Provide recommendations that may provide parity in areas where disparity is found.

• Review policies, laws and practices at federal and state level that effect how procurements may be lacking in providing equitable opportunities.

• Use qualitative as well as quantitative analyses to examine the root causes of disparities in public contracting.

• Conduct stakeholder and contractor interviews as part of qualitative analysis.

• Identify the challenges that the state encounters due to resources, case law, policies, education or other that may prevent the state from being able to provide equitable opportunities.

• As well as other aspects of a disparity study.

The purpose of this RFP is to obtain the services of a qualified Proposer to support the development of the Scope of Work for a Statewide Disparity Study of the State’s procurement processes(“Study”). The Successful Proposer will be assisting DAS PS and Agency in the development of the Scope of Work (“SOW”) that will be used in the published RFP to obtain the services of another consultant to complete the Study.

The Successful Proposer awarded the Contract as a result from this RFP (#S-10700-00001569) WILL NOT be able to submit a proposal in response to the RFP for the Study.

2.4 SCOPE OF WORK/SPECIFICATIONS

Selected Offeror shall be responsible for reviewing the draft Scope of Work (“SOW”) provided by DAS PS and Agency and provide comments and feedback (identify gaps). The selected Proposer may be required to meet with the State of Oregon Department of Justice in the review and drafting of the SOW. Selected Offeror shall take into consideration the ODOT disparity study currently underway that includes procurements and contracts of goods, services and public works. The SOW must be finalized with two (2) months of the contract execution.

In addition to assisting with the SOW, the selected Proposer shall attend a kickoff meeting with DAS PS, Agency and Governor’s Office to discuss the Study’s goals, objectives, scope, schedule, roles and responsibilities.

The selected Proposer may, if requested by Agency, assist with establishing the requirements and evaluation criteria of the RFP for the Study. Agency may also request that the selected Proposer assist with the evaluation process by helping with the following:

• Helping the evaluation committee to understand the technical language associated with the RFP for the Study, include disparity studies case law.

• Helping and providing support to the evaluation committee to understand the processes and methodologies related to the Study, such as disparity study econometrics methodology.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Offer Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Company Profile

• Project Approach and Methodology

• Previous Experience

• Key Person(s) and Their Resumes

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.1.2 Offer Page Limits

Offer is limited to 20 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:

• Company Profile

• Disclosure Exemption Affidavit (Attachment B)

• Offeror Information and Certification Sheet (Attachment C)

• Reference Check Forms (Attachment D)

• Price Proposal Form (Attachment E)

• COBIC Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.1.3 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in See: ______________________ for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature. Offeror’s Offer must be in one of the following formats: searchable Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure. Offeror shall also provide a redacted version of Offeror’s Offer.

The Offeror Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Email Response. If Offeror chooses to submit their Offer via email, the attachment size is limited to 20 megabytes. DAS PS is not able to accept Zip Files. The Price Proposal must be in a separate file attachment. The same requirements described above in the OregonBuys Electronic Response also pertain to an emailed response.

3.1.4 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.2 PROCUREMENT PROCESS

3.2.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors.

DAS PS shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror 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.

https://oregonbuys.gov/bso kelly Mix Insert link to OregonBuys landing page

3.2.2 Questions / Requests for Clarification

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

• Be emailed to the SPC

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

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

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

3.2.3 Pre-Offer Conference

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

3.2.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.2.4.1 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf

Email Submission Response. Offeror may, submit their Offer via email to the SPC. The email is limited to the size of 20 megabytes. DAS PS is not able to accept Zip Files.

3.2.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.2.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.2.7 Offer Rejection

DAS PS may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

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

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

• Offeror makes any contact regarding this solicitation with State representatives such as

State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror 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 solicitation or Amendment.

3.2.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, DAS PS will record and make available the identity of all Offerors after Opening.

3.3 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Services to be performed. An Offer that merely offers to provide the services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.3.1 Offeror Information and Certification Sheet

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Offeror Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.2 Responsibility Inquiry

Offerors shall submit a signed Responsibility Inquiry form (Attachment G) with their Offer.

At any time prior to award, DAS PS may reject an Offeror found to be not Responsible.

3.3.3 Company Profile (Required not Scored)

Offeror shall provide a profile of its company. At a minimum, the company profile must include the following:

• Ownership. If incorporation, the state in which the company is incorporated and the date of incorporation.

• Confirmation of legal capacity to do business in the State (registered with the Secretary of State).

• Location of company’s headquarters.

• Location of the office to provide the Services under the Contract.

• The office location of employees who will be assigned to provide the Services.

• Company’s background/history and why Proposer is qualified to provide Services described in the RFP.

• Length of time Proposer has been providing services comparable to those described in the RFP and provide a brief description of those services.

• Company’s client base.

3.3.4 Project Approach and Methodology (Required, Scored)

Offerors shall include, with their Offer, a detailed narrative that explains Offeror’s approach and methodology to providing the requested Services. Offeror’s approach and methodology must, at a minimum, take into consideration current State of Oregon statutes governing the procurement of goods, services and public works as covered in the Oregon Revised Statutes (“ORS”) 279A, 278B, 279C, 190 and 200, as well as Oregon Administrative Rules (“OAR”) 125-246, 125-247, 125-248, & 125-249.

3.3.5 Previous Experience (Required, Scored)

Offers must include a detailed description of a minimum of three (3) previous projects completed in the last five (5) years, similar in size and scope to the Services requested in this RFP. The previous experience must demonstrate the following:

• Experience and knowledge assisting to write a Scope of Work and RFP for the Services requested in this RFP.

The project descriptions must at a minimum include the following:

• A detailed overview of each project.

• The type and size of the projects.

• Goals and objectives of the projects.

• A description of the results and value provided to the customer by Proposer.

• Whether the services were completed within Proposer’s estimated budget and schedule or whether adjustments were required. Please include an explanation for any adjustment.

• Any other important and relevant information regarding the project.

If Offeror chooses to include exhibits or example, they must be necessary and relevant to the project being described and must be kept to a minimum.

3.3.6 Key Persons and their Resumes (Required, Scored)

Key Person(s) shall have a minimum of five (5) years experience in the following:

• Demonstrated knowledge and understanding of disparity study econometrics methodology.

• Designing technical assumptions.

• Outreach strategies: Identifying which strategies should be included in the Study SOW.

• Knowledge of and experience in developing supplier diversity programs, policies and best practices at a regional and/or national level.

• Project Management: Identifying the correct Project Management verbiage and activities to include in the Study SOW.

• Policy and program design and implementation.

• Diversity, equity and inclusion; policy compliance and procurement methods experience.

• State and Federal public policy experience.

Offeror may use one (1) or more Key Persons to satisfy the minimum five (5) years experience.

Offeror shall provide for each of the proposed Key Persons, a written description of the Key Person’s qualifications and experience, to provide the Services requested in this RFP. The written description must, at a minimum, describe the following:

• Each Key Person’s relevant experience, training, skills and expertise.

• Each Key Person’s role and responsibility to achieve the Scope of Work in this RFP.

Offeror shall also include a current resume (not to exceed two (2) pages each) that demonstrates the Key Person’s qualification, experience, length of tenure, training, education and skills to provide the Services.

3.3.7 References (Required, not Scored)

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must verify the quality of previous, related Work.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

Offeror shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Offeror and submitted with the Offer prior to opening.

3.3.8 Costs

Offeror shall submit their costs for providing the Services requested in this RFP on the included Attachment E. Offeror shall provide the hourly rate for each Key Person. Hourly rates must be inclusive of all expenses, including travel, and over head expenses. In addition to the hourly rates, Offeror shall provide the estimated number of hours to complete the initial work, to review the scope of work developed by the Agency for the Study.

3.3.9 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

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

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

3.4 EVALUATION PROCESS

3.4.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting a offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, DAS PS may reject an Offeror found to be not Responsible.

3.4.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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

SCORE EXPLANATION

3.4.2.1 Project Approach and Methodology

o How well does Offeror’s approach and methodology demonstrate they have a clear understanding the Services being requested in this RFP?

o How well does Offeror’s approach and methodology meet the needs of the Disparity Study and the Agency?

o How well does Offeror’s approach and methodology meet the values and goals of the Diversity, Equity and Inclusion Action Plan?

3.4.2.2 Previous Experience

o The degree to which Offeror’s previous experience has prepared them to provide the Services requested in this RFP?

o The degree to which Offeror’s previous experience is similar in scope and size to that requested in this RFP?

3.4.2.3 Key Persons and their Resumes

o The degree to which the Key Persons experience, training and knowledge are relevant to the Services requested in this RFP?

o The degree to which the Key Person(s) experience includes the requirements of Section 3.3.6 above.

3.5 COST EVALUATION

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

lowest cost of all Offerors X cost points possible = cost score cost being scored

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 understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

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.

3.6 NEXT STEP DETERMINATION

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

If DAS PS receives only one Offer, DAS PS may dispense with the evaluation process, Intent to Award Notice and proceed with Contract Negotiations and award.

3.7 PREFERENCES

3.7.1 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.7.2 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.8 POINT AND SCORE CALCULATIONS

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

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE: 100

POINTS POSSIBLE 100

3.4.2.1 Project Approach and Methodology 15

3.4.2.2 Previous Experience 25

3.4.2.3 Key Person and their Resumes 50

3.5 COST POINTS POSSIBLE 10

EXAMPLE:

Offeror A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Offeror A’s points for the criterion is 45.

3.9 RANKING OF OFFERORS

The SPC 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 references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

DAS PS, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

DAS PS will notify all Offerors in Writing that DAS PS has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

The apparent successful Offeror 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 DAS PS (normally in an intent to award notice), or

• When the backup withholding status or any other information of Offeror 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.

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror 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.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

After selection of a successful Offeror, Agency may negotiate the Statement of Work as well as following terms and conditions:

• Contract term and renewals

• Price

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, DAS PS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

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= oregon4biz

If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

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 Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, 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 SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part, or may cancel this solicitation 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 Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

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

5.5 COST OF SUBMITTING AN OFFER

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

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer 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.

5.7 RECYCLABLE PRODUCTS

Offeror 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)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS