2022.08.31.OAHP RFP.pdf

S-69100-00004217 - OAHP METHODOLOGY TO VALUE ECOSYSTEM SERVICES (010-23-22429)

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STATE OF OREGON

COVER PAGE

The Oregon Watershed Enhancement Board is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-69100-00004217 for

OAHP METHODOLOGY TO VALUE ECOSYSTEM SERVICES

Date of Issue: September 1, 2022

Opening Date and Time: September 30, 2022 (2:00 pm)

SINGLE POINT OF CONTACT (SPC): TARA CHOATE

Address: 775 Summer St. NE, Suite 360

City, State, Zip: Salem, OR 97301

Phone: 971-345-7232

E-mail: tara.choate@oweb.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 ------------------------------------------------------------------------------------------------------- 3 Section 1.1: SCHEDULE Section 1.2: SINGLE POINT OF CONTACT (SPC) SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE -------------------------------------------------------------------------------------- 4 Section 2.1: AUTHORITY AND METHOD Section 2.2: DEFINITION OF TERMS Section 2.3: OVERVIEW AND PURPOSE Section 2.4: SCOPE OF WORK SECTION 3: PROCUREMENT REQUIREMENTS -------------------------------------------------------------------------------------------- 6 Section 3.1: MINIMUM QUALIFICATIONS Section 3.2: MINIMUM SUBMISSION REQUIREMENTS SECTION 4: SOLICITATION PROCESS -------------------------------------------------------------------------------------------------------- 7 Section 4.1: PUBLIC NOTICE Section 4.2: PRE-PROPOSAL CONFERENCE Section 4.3: QUESTIONS / REQUESTS FOR CLARIFICATIONS Section 4.4: SOLICITATION PROTESTS Section 4.5: PROPOSAL DELIVERY Section 4.6: PROPOSAL MODIFICATION OR WITHDRAWAL Section 4.7: PROPOSAL DUE Section 4.8: PUBLIC OPENING Section 4.9: PROPOSAL REJECTION Section 4.10: EVALUATION PROCESS Section 4.11: ADDITIONAL ROUNDS SECTION 5: AWARD AND NEGOTIATION ------------------------------------------------------------------------------------------------- 11 Section 5.1: AWARD NOTIFICATION PROCESS Section 5.2: INTENT TO AWARD PROTEST Section 5.3: APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS Section 5.4: CONTRACT NEGOTIATION SECTION 6: ADDITIONAL INFORMATION ------------------------------------------------------------------------------------------------- 14 Section 6.1: CERTIFIED FIRM PARTICIPATION Section 6.2: GOVERNING LAWS AND REGULATIONS Section 6.3: OWNERSHIP/PERMISSION TO USE MATERIALS Section 6.4: CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES Section 6.5: COST OF SUBMITTING A PROPOSAL Section 6.6: STATEWIDE E-WASTE/RECOVERY PROCEDURE Section 6.7: RECYCLABLE PRODUCTS Section 6.8: CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

ATTACHMENT G CHECKLIST

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SECTION 1: GENERAL INFORMATION

The State of Oregon, acting by and through the Oregon Watershed Enhancement Board (OWEB), (“Agency”), is issuing this Request for Proposals with the goal of selecting a Contractor to develop methodology to value ecosystem services.

These ecosystem services will result from conservation activities on agricultural land. Agency is seeking to compensate agricultural landowners for engaging in conservation practices.

Additional details are included in Section 2.4:SCOPE OF WORK.

The project will begin on November 1, 2022, and will conclude with a report to the Agency by March 31, 2023. The goal of this deadline is to meet a proposed grant cycle beginning in April 2023. If work cannot be completed by March 31, 2023, the deadline will be moved to March 31, 2024.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract Agreement is anticipated to be one (1) year with options to renew up to a cumulative maximum of three (3) years.

Section 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. N/A denotes that event is not applicable to this RFP.

Event Date Time

Request for Proposals becomes active on Oregon Buys September 1, 2022 12:00 AM

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) September 30, 2022 at 2:00 PM

Opening of Proposal September 30, 2022 2:05 PM

Presentations, Demonstrations, or Interviews The first week of October, if necessary.

Issuance of Notice of Intent to Award (approx.) October 21, 2022

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

Section 1.2: 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.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

Section 2.1: 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 Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency 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.

Section 2.2: DEFINITION OF TERMS

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

Oregon Agricultural Heritage Program (OAHP): Passed by the Oregon Legislature in 2017 by HB 3249 and governed by ORS 541.986. The intent of the legislation is to provide grants to protect working agricultural lands.

Oregon Agricultural Heritage Commission (OAHC): Oversight body of the Oregon Agricultural Heritage Program. This body reports directly to the Directors of the Oregon Watershed Enhancement Board.

Conservation Management Plan (CMP): The purpose of a conservation management plan as defined in OAR 698-005- 0020(4) is to develop and implement conservation measures or other protections for maintaining or enhancing fish or wildlife habitat, water quality or other natural resource values in a manner consistent with the social and economic interests and abilities of the agricultural landowner or operator.

Section 2.2.1: Websites

OAHP program information is found at https://www.oregon.gov/oweb/grants/oahp/Pages/oahp.aspx. Large amounts of program information can be found there.

Section 2.3: OVERVIEW AND PURPOSE

Section 2.3.1: Agency Overview and Background

The Oregon Watershed Enhancement Board (OWEB)(“Agency”) provides grants to help Oregonians take care of local streams, rivers, wetlands and natural areas. The Agency is led by an 18-member citizen board drawn from the public at large, tribes, and federal and state natural resource agency boards and commissions. The Oregon Agricultural Heritage Program (OAHP) is housed within the Agency.

Section 2.3.2: OAHP Overview and Background

HB 3249, passed by the Oregon Legislature in 2017 (ORS 541.986), created the Oregon Agricultural Heritage Program (OAHP), overseen by the Oregon Agricultural Heritage Commission (OAHC). The OAHC consists of 12 members appointed by the Agency.

The intent of the legislation is to provide grants to:

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Acquire conservation easements and covenants (temporary conservation easements) to protect working agricultural lands from fragmentation and conversion to non-agricultural uses;

Develop and implement conservation management plans on working agricultural land in order to support natural resource values;

Provide technical assistance to organizations intending to pursue acquisition of working land conservation easements; and

Assist owners of working land with succession planning for those lands.

In 2022 the OAHP received $5 million from the State Legislature to fund the program. One of the program priorities is to develop a methodology to pay for the conservation practices that provide ecosystem services on farms and ranches throughout the state of Oregon.

Section 2.3.3: Project Overview

In 2019, the OAHC engaged a contractor to review the possible methodologies available for valuation of agricultural conservation practices. That report can be found at https://www.oregon.gov/oweb/Documents/OAHP-Valuation- Methodologies-Agricultural-Conservation-Practices.pdf. It was the goal of the OAHC to place another RFP for work on the actual methodology and valuation, but a combination of events delayed those plans.

Methodology exists to pay landowners for the costs of implementing conservation practices, developed for the Conservation Stewardship Program (CSP) and Environmental Quality Incentives Program (EQIP) administered by the Natural Resources Conservation Service (NRCS), and the Conservation Reserve Enhancement Program (CREP) administered by the Farm Service Agency. However, methodology to value ecosystem services resulting from conservation practices on agricultural land has been developed for only a few conservation practices, such as wetland restoration or water quality improvements.

The OAHC now looking for a specific framework and methodology to value conservation practices on agricultural lands.

Section 2.4: SCOPE OF WORK

Page 81 of the report found at https://www.oregon.gov/oweb/Documents/OAHP-Valuation-Methodologies-Agricultural- Conservation-Practices.pdf outlines conservation practices with economically quantifiable benefits. The Agency is soliciting proposals to take the work in this report, generally, and this table, specifically, and put a dollar figure on the benefits of conservation practices.

Contractor will work with OWEB personnel to develop Valuation Methodology that will enable OWEB to pay for practices that provide ecosystem services on farms and ranches throughout the state. The Contractor will use the Review & Feasibility Determination of Methodologies for Valuing Agricultural Conservation Management Actions report as a starting point to develop methodology to value ecosystem services resulting from conservation activities on working agricultural lands.

The Contractor will Produce a final report containing the proposed methodology and, if appropriate, accompanying software, and documentation. The report and software will be in the public domain.

Proposals must be submitted for all required elements of the scope of work. Partial proposals will not be accepted.

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SECTION 3: PROCUREMENT REQUIREMENTS

Section 3.1: MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. The Proposer will have the following knowledge, skills, and abilities:

Knowledge of conservation practices on working agricultural land;

Knowledge of existing methodology used to value ecosystem services;

Ability to organize, synthesize, and present information in a clear, accessible format;

Ability to effectively conduct possibly difficult/terse conversations with interested parties;

Ability to effectively utilize an advisory committee of experts in the subject matter.

Section 3.2: MINIMUM SUBMISSION REQUIREMENTS

Section 3.2.1: Proposal Submissions

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. A suggested page count is listed in parentheses “( )” after each item.

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

Cover letter (1 page): Signed letter expressing an interest in the project.

Experience (2-3-pages): A narrative that addresses the Proposer’s relevant experience. This narrative should address the knowledge, skills, and abilities listed in Section 3.1:MINIMUM QUALIFICATIONS. Resumes will not be accepted as a substitute for addressing each requirement.

Work Plan (3-4 pages): A work plan that explains how you propose to structure the project, including an estimated timeframe in which you intend to complete tasks or phases, and what kind of technical or support assistance, if any, you would need to subcontract.

Price Proposal / Detailed Fee Structure (1 page) which should specify:

o Key personnel rate per hour o Subcontracting services (per task)

References (1 page): Three (3) References – include all pertinent contact information. By providing these References, Proposer agrees they may be contacted and asked the following questions:

o For what type of services did you engage Proposer?

o With which aspect(s) of Proposer’s services are you the most satisfied? Least satisfied?

o How likely would you be to use Proposer’s services again?

Items not subject to page count limitations:

Resumes Work Examples Proposer Information and Certification Sheet (Attachment C) COBID Certification / Outreach Plan (Attachment E) (if necessary) Responsibility Inquiry (Attachment F) Disclosure Exemption Affidavit (Attachment B) (if necessary) Checklist (Attachment G) - attach to front of submission

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Section 3.2.2: Proposal Format and Quantity

Proposal should follow the format described in Section 3.2.1:Proposal Submissions. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

Section 3.2.3: OregonBuys Electronic Response.

Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in OregonBuys Vendor Formal Solicitation Response.pdf

SECTION 4: SOLICITATION PROCESS

Section 4.1: 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 Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. 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.

Section 4.2: PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

Section 4.3: 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 delivered to the SPC via an OregonBuys submission, email, or hard copy;

Reference the OregonBuys bid number ;

Identify Proposer’s name and contact information; and Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number).

Section 4.4: SOLICITATION PROTESTS

Section 4.4.1: Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, 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.

Section 4.4.2: Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if

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Section 4.4.3: Requirements for Protests

All protests must:

Be delivered to the SPC via email, or hard copy;

Reference the OregonBuys bid number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

Section 4.5: PROPOSAL DELIVERY

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency 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. A Proposal submitted by any means not authorized below will be rejected.

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov. Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

Section 4.6: 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 4.5 (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.

Section 4.7: 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.

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Section 4.8: PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

Section 4.9: 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).

Section 4.10: EVALUATION PROCESS

Section 4.10.1: 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 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission 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, Agency may waive mistakes in accordance with OAR 125-247-0470.

Section 4.10.2: Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract.

Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal. At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Section 4.10.3: Evaluation Committee

An evaluation committee of 3-5 individuals from the Agency or other Statewide Agencies will evaluate proposals after the RFP due date. At the discretion of the review committee, an independent expert(s) may assist in evaluating technical aspects of the Proposals.

Section 4.10.4: Evaluation Method

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed.

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

SCORE EXPLANATION

10 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.

5 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.

0 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.

Section 4.10.5: Evaluation Criteria

The evaluation process will determine whether a proposal meets the requirements of the RFP, and to what extent.

Criteria Points

Score Total Points Awarded

Knowledge of conservation activities on working agricultural land. 25 x

Knowledge of existing ecosystem service valuation methodology. 20 x

A proven ability to work with diverse parties in collecting information and developing policy recommendations.

10 x

Experience in determining the economic benefits of conservation actions: Experience in evaluating programs, program requirements, public interest, and market forces as they may be used to achieve an ecological outcome.

20 x

Project Structure and Timeline/Proposal Competitiveness: Ability to construct a thoughtful project structure and realistic timeline;

the competitiveness of the proposal relative to other proposals.

25 x

Total Points Awarded to Proposal

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Section 4.10.6: Ranking of Proposals

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). After each applicable preference (see Section 8.7) has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Section 4.10.7: Next Step Determination

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 Offers

Section 4.10.8: Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

Section 4.11: ADDITIONAL ROUNDS AND INTERVIEWS

Proposers progressing to Round 2 (if offered) will be invited to participate in Proposer interviews. Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference.

Further details will be included with Notice of Competitive Range.

SECTION 5: AWARD AND NEGOTIATION

Section 5.1: AWARD NOTIFICATION PROCESS

Section 5.1.1: Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

Section 5.1.2: Intent to Award Notice

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

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Section 5.2: INTENT TO AWARD PROTEST

Section 5.2.1: Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for 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 are non-Responsive.

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

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

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS

Chapter 279A.

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

Section 5.2.2: Protest Requirements

Protests must:

Be delivered to the SPC via email or hard copy;

Reference the OregonBuys bid number;

Identify Proposer’s name and contact information;

Be signed by an authorized representative of Proposer;

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

Section 5.2.3: Response to Protest

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

Section 5.3: APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

Section 5.3.1: 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 Exhibit B of Attachment A: Example Contract.

Section 5.3.2: Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when

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Section 5.3.3: 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 Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

Section 5.3.4: Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

Section 5.3.5: Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it 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.

Section 5.4: CONTRACT NEGOTIATION

Section 5.4.1: Negotiation

After selection of a successful Proposer, Agency may enter into Contract 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 Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract 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, 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 Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract 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.

In the event that the parties have not reached mutually agreeable terms within 90 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

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SECTION 6: ADDITIONAL INFORMATION

Section 6.1: 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 Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

Section 6.2: GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 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.

Section 6.3: OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award.

Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

Section 6.4: 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 Contract award, or the rejection of any Proposal.

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Section 6.5: COST OF SUBMITTING A 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.

Section 6.6: STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

Section 6.7: 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 Contract. (ORS 279B.025)

Section 6.8: 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.