2023.03.06.AVBoard.pdf

Oregon Watershed Enhancement Board - Request for Proposals Services to Enhance Audio-Visual Effectiveness at Board Meetings and Other Public Events

REQ-69100-00035201 (010-25-22808)

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STATE OF OREGON

Oregon Watershed Enhancement Board

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number REQ-69100-00035201 for Services to Enhance Audio-Visual Effectiveness at Board Meetings and Other Public Event.

Date of Issue: March 10, 2023

Opening Date and Time: May 1, 2023

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

Section 1.01: Schedule

Section 1.02: Single Point of Contact (SPC)

Section 2: AUTHORITY, OVERVIEW, AND Purpose

Section 2.01: Authority, Method, and Terms

Section 2.02: Project Background, Overview and Purpose

Section 3: SCOPE OF WORK

Section 3.01: Contractor Responsibilities

Section 3.02: Contractor Skills and Experience

Section 4: PROCUREMENT REQUIREMENTS

Section 4.01: Proposal Format and Quantity

Section 5: SOLICITATION PROCESS

Section 5.01: Public Notice

Section 5.02: Pre-Proposal Conference

Section 5.03: Questions / Requests for Clarifications

Section 5.04: Solicitation Protests

Section 5.05: Proposal Delivery Options

Section 5.06: Proposal Modification or Withdrawal

Section 5.07: Proposal Due

Section 5.08: Public Opening

Section 5.09: Proposal Rejection

Section 6: EVALUATION PROCESS

Section 6.01: Responsibility Determination

Section 6.02: Evaluation Scoring

Section 6.03: Evaluation Criteria

Section 6.04: Preferences

Section 6.05: Point and Score Calculations

Section 6.06: Ranking of Proposers

Section 6.07: Next Step Determination

Section 6.08: Additional Rounds

Section 7: AWARD AND NEGOTIATION

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Section 7.01: Award Consideration

Section 7.02: Intent to Award Notice

Section 7.03: Intent to Award Protest

Section 7.04: Apparent Successful Proposer Submission Requirements

Section 7.05: Contract Negotiation

Section 7.06: Additional Information

Attachment A: Sample Contract for Services

Attachment B: Disclosure Exemption Affidavit

Attachment C: Proposer Information and Certification Sheet

Attachment D: Reference Check Form

Attachment E: COVID Certification and Outreach Plan

Attachment F: Responsibility Inquiry

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Section 1: GENERAL INFORMATION

The Oregon Watershed Enhancement Board (OWEB) (“Agency”) is a state agency that provides grants to help Oregonians take care of local streams, rivers, wetlands and natural areas. Agency grants are funded from the Oregon Lottery, General Fund, federal dollars, salmon license plate revenue and Other Funds. 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 State of Oregon, acting by and through the Agency, is issuing this Request for Proposal under the provisions of ORS 279B.060 for Services to Enhance Audio-Visual Effectiveness at Board Meetings and Other Public Events. At board meetings, Agency uses a sound system to more easily make board and public member comments understood. Agency records board meetings as a matter of public policy and records retention.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be two years with options to renew up to a cumulative maximum of six years. The Agency has budgeted up to $33,000.00 services in this biennium (through June 30, 2025).

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

Section 1.01: 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

Pre-Proposal Conference N/A N/A

Questions / Requests for Clarification Due March 14, 2023 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

March 21, 2023 2:00 PM

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) April 30, 2023 2:00 PM

Opening of Proposal April 30, 2023 3:00 PM

Presentations, Demonstrations, or Interviews TBD

Issuance of Notice of Intent to Award (approx.) June 1, 2023

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

Section 1.02: Single Point of Contact (SPC)

The SPC for this RFP is identified on the Cover Page (page 1), 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 PURPOSE

Section 2.01: Authority, Method, and Terms

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. 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://oregonbuys.gov/bso/

Section 2.02: Project Background, Overview and Purpose

Through this RFP, the Agency is seeking to locate and engage a provider with strong expertise in the audio-visual field.

Agency is seeking an independent contractor to transport audio-visual equipment to board and other public meeting sites around the state of Oregon and to keep them up and running during the meetings.

The Agency board meets four times a year to act on applications for funds to accomplish watershed restoration activities and is responsible for establishing Oregon’s long-term strategy for achieving sustainable watershed health. In addition, the Agency contains the Oregon Agricultural Heritage Program (OAHP) which also has commission meetings.

Section 3: SCOPE OF WORK

This Scope of Work is intended to be a general description of the Agency’s requirements. At time of contract, the Scope of Work may be expanded, amended, or otherwise changed to describe the Work to be completed as agreed to by the parties.

Section 3.01: Contractor Responsibilities

Contractor shall:

□ Provide appropriate audio-visual equipment, including, but not limited to:

At least three speakers At least 20 microphones Two large T.V. Screens Other equipment as necessary Visible timekeeping device

□ Set up and break down audio-visual equipment at meeting sites

□ Provide technical support for audio-visual equipment

□ Produce a recording of board meetings for the public record

While exact dates and locations for the board meetings are not known at the time of this RFP, the approximate dates for the board meetings are provided below. Meetings take place around the state of Oregon, rotating to each of OWEB’s six regions.

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Date Meeting Location

July 25-26, 2023 OWEB Board Sisters, Oregon

August 2023 OAHP commission virtual

October 24-25, 2023 OWEB Board Klamath Falls

January 2024 OWEB Board virtual

March 2025 OAHP commission TBD

April 2024 OWEB Board TBD

June 2024 OAHP commission TBD

August 2024 OAHP commission virtual

July 2024 OWEB Board TBD

October 2024 OWEB Board TBD

January 2025 OWEB Board virtual

March 2025 OAHP commission TBD

April 2025 OWEB Board TBD

June 2025 OAHP commission TBD

The Proposal should demonstrate the ability to meet the above responsibility and timelines.

Section 3.02: Contractor Skills and Experience

The Proposal should demonstrate why the personnel staffing the audio-visual equipment would have the following skills and experience:

□ Ability to provide and operate equipment

□ Demonstrated experience in the audio-visual field

□ Good communication skills

□ Ability to work in various locations, traveling independently to meetings in the state of Oregon

□ Able to design effective audio-visual recording

□ Meet all deadlines as established by the Agency

Section 4: PROCUREMENT REQUIREMENTS

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The Proposal must contain each of the following elements.

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Item Suggested Pages Pages not included in 10-page total

Executive Summary / Cover Letter 1-2 pages N/A

Services Proposal and Explanation of Experience

3-4 pages N/A

List of Technical Supplies to be Offered and Prices

1-2 pages

Key Persons and Resumes: Specify key persons to be assigned to this project

1-2 pages Include a current resume (not to exceed two pages each) for each key person. Resumes should demonstrate the person’s qualifications and experience for the Work described in this RFP.

Disclosure Exemption Affidavit (Attachment B)

N/A (not included in page limit)

Not required; if Proposer wishes to exclude portions of the Proposal from a Public Records Information Request, this form is required.

Proposer Information and Certification Sheet (Attachment C)

N/A (not included in page limit)

Not required at time of proposal; if offered a contract, will be required.

Reference Check Form (Attachment D) (see Section 4.04 below)

N/A (not included in page limit)

Include as many pages as necessary.

COBID Certification / Outreach Plan (Attachment E)

N/A (not included in page limit)

Not required; include as many pages as necessary.

Responsibility Inquiry (Attachment F)

N/A (not included in page limit)

Not required at time of proposal; if offered a contract, will be required.

Section 4.01: Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in Section 4: Proposal Requirements. Responses to each section and subsection should be labeled to indicate the item being addressed.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

Proposer should submit its Proposal electronically through OregonBuys. Proposer/Supplier resources can be found at:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx.

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Section 4.01.a: Services Proposal and Explanation of Experience

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work.

Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

Section 4.01.b: Key Persons and their Resumes

Specify key persons to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP.

Section 4.01.c: Attachment B – Disclosure Exemption Affidavit

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

Section 4.01.d: Attachment C - Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C). Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

Section 4.01.e: Attachment D - References

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

Proposer shall submit reference names and contact information. Agency will make three attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

Section 4.01.f: Attachment E - COBID Certification / Outreach Plan

By submitting its offer, Proposer certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement. Proposer has not discriminated and will not discriminate against a sub-vendor in the awarding of a subcontract because the sub-vendor is a Certified Firm. Proposer further certifies and agrees that it has not discriminated and will not discriminate in its employment practices with regard to ethnicity, creed, age, religious affiliation, gender, disability, sexual orientation, or national origin.

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Following bid due date and prior to Contract Award, the Proposer with the apparent highest scoring Proposal must provide, within five days of Notice of Intent to Award, a Certified Firm Outreach Plan using the form on the following page. The information submitted in response to this clause will not be considered in any scored evaluation.

Section 4.01.g: Attachment F - Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

Section 5: SOLICITATION PROCESS

Section 5.01: 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 if any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

Section 5.02: Pre-Proposal Conference

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

Section 5.03: 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;

• Refer to the specific area of the RFP 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 Section 1.01:

Schedule.

Section 5.04: Solicitation Protests

Section 5.04.a: 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.

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Section 5.04.b: Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Section 5.04.c: 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:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based; 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 5.05: Proposal Delivery Options

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.

The following delivery options are permitted for this RFP:

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

Section 5.06: 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 5.05: 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 prior to the Opening in accordance with OAR 125-247-0440.

To be effective the notice must include the OregonBuys bid number.

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Section 5.07: 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.

Section 5.08: 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 5.09: 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 6: EVALUATION PROCESS

A committee of the Agency staff will evaluate proposals soon after the RFP due date. The evaluation process will determine whether a proposal meets the requirements of the RFP, and to what extent.

Section 6.01: 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 F) with Proposal. At any time prior to award, Agency may reject a Proposer found to be not Responsible.

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Section 6.02: Evaluation Scoring

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.

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 6.02: Evaluation Criteria up to the maximum points available as specified in Section 6.05: 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.

Section 6.03: Evaluation Criteria

Section 6.03.a: Quality of Proposal (10%)

The committee will evaluate proposals for clarity, completeness, and compliance with the requirements of the RFP. If the proposal is unclear, bidders may be asked to provide written clarification. Incomplete proposals will be rejected.

Section 6.03.b: Equipment (35%)

The committee will evaluate proposals for completeness of recommended equipment and quality of equipment. If the proposal is unclear, bidders may be asked to provide written clarification.

Section 6.03.c: Professionalism and Experience (35%)

Bidders should clearly characterize the scope and geographic range of their experience, and the clients for whom they have provided grant solicitation, review and administration services, along with outcomes of the processes they have facilitated. The committee will evaluate the bidder’s experience and may contact references for additional information.

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Section 6.03.d: Project Rate (20%)

The committee will evaluate the proposed fee structure for reasonableness and competitiveness. Proposers should include if you will request reimbursement for mileage or per diem expenses. Reviewers want to ensure all proposed costs are reviewed. In prior contracts, the Agency has provided some meals and added the Contractor to the list of hotel rooms needed, covering that cost directly.

Section 6.04: Preferences

Reciprocal Preference: For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

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

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

Section 6.05: Point and Score Calculations

Total Points Score Calculation

Quality of Proposal (10%) 10 0 to 10 Points x Score as a percentage

Equipment (35%) 35 0 to 10 Points x Score as a percentage

Professionalism and Experience (35%) 35 0 to 10 Points x Score as a percentage

Project Rate (20%) 20 0 to 10 Points x Score as a percentage

Total 100 Points

Scores are the values (0 through 10) assigned by each evaluator. Points are the total possible for each section.

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%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE: Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

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Section 6.06: Ranking of Proposers

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 and reference 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 Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

Section 6.07: 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 6.07.a: 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 6.08: Additional Rounds

Proposers progressing to Round X 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.

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Section 7: AWARD AND NEGOTIATION

Section 7.01: 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: Procurement Requirements. Agency may award less than the full Scope of Work described in this RFP.

Section 7.02: 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.

Section 7.03: Intent to Award Protest

Section 7.03.a: Protest Submission

An Affected Proposer shall have seven (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 7.03.b: 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.

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Section 7.03.c: 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 7.04: 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 7.04.a: 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.

Section 7.04.b: 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.

Section 7.04.c: 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 7.04.d: Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment F: Responsibility Inquiry.

Section 7.04.e: 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 7.04.f: 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

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Section 7.05: Contract Negotiation

Section 7.05.a: 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.

Section 7.06: Additional Information

Section 7.06.a: 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 E) prior to execution.

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Section 7.06.b: 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 7.06.c: 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 7.06.d: 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.

Section 7.06.e: 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 7.06.f: 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.

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Section 7.06.g: 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 7.06.h: 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.