2024012_LightTower_RFQ_V01_10112024_CN.pdf

COVER PAGE

Request for Quote (RFQ) for

Three (3) Portable Light Towers

Contracting Entity: Oregon Department of Emergency Management

Request Number: 2024012

OregonBuys No. S-25800-00011833

Bid Opening Date: October 11, 2024, 2:00 PM Pacific Time (PT)

Bid Closing Date: October 18, 2024, 2:00 PM Pacific Time (PT)

Single Point of Contact (“SPC”):

Steven Wendell, Contract and Procurement Officer

Oregon Emergency Management

3930 Fairview Industrial Drive SE

Salem, OR 97302

Telephone: 971-388-6304

Email: Steven.e.wendell@oem.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.

mailto:Steven.e.wendell@oem.oregon.gov

2024012 Light Tower RFQ Page 1 of 11

Table of Contents

1. General Information

1.1. Introduction

1.2. Schedule

1.3. Single Point of Contact

2. Authority, Overview, and Scope

2.1. Authority and Method

2.2. Definitions of Terms

2.3. Overview and Purpose

2.4. Scope of Work / Specifications

3. Procurement Requirements

3.1. Minimum Submission Requirements

3.2. Proposal Requirements

4. Solicitation Process

4.1. Public Notice

4.2. Pre-Proposal Conference

4.3. Questions / Requests for Clarifications

4.4. Solicitation Protests

4.5. Proposal Delivery Options

4.6. Proposal Modifications or Withdrawal

4.7. Proposal Due

4.8. Proposal Rejection

4.9. Evaluation Process

4.10. Points and Score Calculations

5. Award and Negotiation

5.1. Award Notification Process

5.2. Intent to Award Protest

5.3. Apparent Successful Proposer Submission Requirements

5.4. Contract Negotiations

6. Additional Information

6.1. Commitment to Diversity, Equity and Inclusion

6.2. Certified Firm Participation

6.3. Governing Laws and Regulations

6.4. Ownership / Permission to Use Materials

6.5. Cancellation of RFQ; Rejection of Proposal; No Damages

6.6. Cost of Submitting a Proposal

6.7. Statewide E-Waste / Recovery Procedure

6.8. Recyclable Products

6.9. 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: Price Proposal Form (minimum requirements)

Attachment F: COBID Certification / Outreach Plan

Attachment G: Responsibility Inquiry

Attachment H: Optional Equipment (value add)

2024012 Light Tower RFQ Page 2 of 11

2024012 Light Tower RFQ Page 3 of 11

1. General Information

1.1. Introduction

The State of Oregon, acting by and through the Oregon Department of Emergency Management, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for three (3) Portable Light Towers.

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

Agency may award up to three (3) Contracts from this RFQ.

The initial term of the Contract is anticipated to be 1 year

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 RFQ.

Event Date Time

RFQ Posted to OregonBuys October 11, 2024 2:00 PM PST

RFQ Opening (Proposal Date) October 18, 2024 2:00 PM PST

Issuance of Notice of Intent to Award (approx.) October 25, 2024

1.3. Single Point of Contact (SPC)

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

2. Authority, Overview, and Scope

2.1. Authority and Method

Agency is issuing this RFQ pursuant to its authority under ORS 401.551 and OAR 125-246-0170(2).

Agency is using the Competitive Sealed Proposal method. 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.

2.2. Definitions of Terms

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

2.3. Overview and Purpose

2.3.1. Agency Overview and Background

The Oregon Department of Emergency Management (OEM) was established as a stand-alone State of

Oregon agency on July 1, 2022. The creation of OEM will allow OEM to work proactively in developing emergency response and recovery programs to meet the needs of a changing landscape.

2.3.2. Project Overview and Background

The State Preparedness and Incident Response Equipment (SPIRE) grant program provides equipment to local governments and other recipients for emergency preparedness. The program funds the purchasing and distribution of equipment, including vehicles and other property, to be used during an emergency to decrease the risk for loss of life and property damage.

2.4. Scope of Work / Specifications

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OEM is looking for three (3) Portable Light Towers. Minimum requirements are as follows:

• Trailer Mounted

• LED Lighting

• Four (4) 296-watt fixtures

• 43,000 lumens per fixture

• Withstand winds up to 65 miles per hour

Optional equipment:

• Easy operation in low light situations

• Instant on/off lighting

• Illuminated controls

• Diffuser lens

One Light Tower will be delivered to each of the following locations:

1. City of Tualatin

10699 SW Herman Road, Tualatin, OR 97062

2. City of Phoenix

114 W 2nd Street, Phoenix, OR 97535

3. Hood River County Sheriff's Office

918 18th Street, Hood River, OR 97031

Quote will include delivery, on-site training, and freight.

Complete Attachment E, Price Proposal form with breakdown cost and specifications for base model, add on equipment packages with price breakdown and any value-added product or services.

3. Procurement Requirements

3.1. Minimum Submission Requirements

3.1.1. Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in

Proposal Requirements section below):

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price/Quote Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.1.2. Proposal Page Limits

Proposal is limited to 25 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:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms (Attachment D)

• Price/Quote Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.1.3. Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section.

Responses to each section and subsection should be labeled to indicate the item being addressed.

2024012 Light Tower RFQ Page 5 of 11

OregonBuys Electronic Response. Proposer must submit its Proposal electronically through OregonBuys

(https://oregonbuys.gov/). Proposer must follow the procedures outlined in Section 4.5 for electronic submission.

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

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C -

Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). 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.

3.1.4. Authorized Representative

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

3.2. Proposal Requirements

Proposal must address each of the items listed in this section and all other requirements set forth in this RFQ.

Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFQ may be considered non-Responsive to this

RFQ and will not be considered further.

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 RFQ. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.2.1. 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.

3.2.2. References [(not scored)]

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

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

3.2.3. Price Proposal

• For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

• The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

• For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work and list the salary/wage and fringe rate separately for each such individual.

3.2.4. Project Implementation Plan

https://oregonbuys.gov/

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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.

4. Solicitation Process

4.1. Public Notice

The RFQ 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 RFQ 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 RFQ by this reference.

4.2. Pre-Proposal Conference

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

4.3. Questions / Requests for Clarifications

The Single Point of Contact (SPC) for this RFQ is identified on the Cover Page, along with the SPC’s contact information. All inquiries, whether relating to the RFQ process, administration, deadlines, award, or to the intent or technical aspects of the services must be submitted in writing (email preferred; mail or fax are acceptable) to the SPC. All inquiries should reference the RFQ number; identify the Proposer’s name and contact information;

and refer to the specific area of the RFQ being questioned (i.e. page, section, and paragraph number if applicable).

All questions must be received no later than two days prior to the close date of this solicitation by the SPC specified on the title page of this RFQ.

Substantive questions and answers will be issued as official addenda to this RFQ. Changes or modifications to this RFQ shall be binding on Business Oregon only if in the form of written addenda issued by Department.

Department will provide addenda by posting them to OregonBuys. In addition, the Department may directly provide addenda to directly solicited firms. Anyone who has received a copy of this RFQ from a source other than the Department is responsible for checking with the SPC or online postings for any notifications or addenda.

Department is not responsible for sending addenda to any unknown potential Proposers.

Department may require any clarification it needs to understand a Quote.

4.4. Solicitation Protests

Under ORS 401.551, the Public Contracting Code does not apply to the acquisition of preparedness equipment.

No protest opportunity is required or allowed.

4.5. Proposal Delivery Options

This RFQ including all amendments, attachments, and exhibits, is posted as a Bid Solicitation in the OregonBuys web-based eProcurement System. The OregonBuys website is available at: http://oregonbuys.gov. OregonBuys is the only official repository for RFQ documents; RFQ documents will not be mailed. Business Oregon assumes no responsibility for content obtained from other sources.

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at

1.855.800.5046 or by email at support.oregonbuys@oregon.gov. Interested Proposers must be registered in

OregonBuys to do business with the State of Oregon. Registration is free. Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website.

For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx. Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. Business Oregon shall not be responsible for defective registration or incorrect vendor information.

https://oregonbuys.gov/ http://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx

2024012 Light Tower RFQ Page 7 of 11

Proposer shall submit its Proposal and all other submittal requirements using OregonBuys.

OEM reserves the right to accept any quote or any part or parts thereof, negotiate the statement of work, or to reject any or all quotes and cancel the RFQ. Submission of a quote does not constitute an agreement between

OEM and bidder, nor does it secure or imply that bidder will be selected. All costs incurred in preparing and submitting a Quote in response to the RFQ are the responsibility of the Bidder and shall not be reimbursed by

OEM. The Department will accept Proposals in electronic files compatible with Microsoft Office applications.

Files in excess of 13 megabytes must be submitted incrementally. Proposals must not be submitted as .zip, .exe or .com files.

Detailed instructions on how to submit a proposal can be found at OregonBuys vendor formal solicitation response.pdf

4.6. Proposal Modifications 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, prior to the Opening in accordance with OAR 125-

247-0440. To be effective the notice must include the OregonBuys bid number.

4.7. Proposal Due

A Proposal (including all required submittal items) must be received by the SPC on or before RFQ Opening. All

Proposal modifications or withdrawals must also be received prior to RFQ Opening.

A Proposal received after RFQ Opening is considered LATE and will NOT be accepted for evaluation. A late

Proposal will be returned to the Proposer or destroyed.

4.8. Proposal Rejection

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

• Proposer fails to substantially comply with all prescribed RFQ 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 RFQ 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 RFQ or Amendment(s).

4.9. Evaluation Process

4.9.1. 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.

4.9.2. Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an

Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.10

(Point and Score Calculation).

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

2024012 Light Tower RFQ Page 8 of 11

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.

4.9.2.1. Proposed Product

• Does proposed product meet requirements in Scope of Work?

4.9.2.2. Estimated Delivery Schedule

• How quickly can the product be delivered?

4.9.2.3. On Site Training Plan

• Does the Training Plan meet OEM needs?

4.9.2.4. Value

• Detailed total budget of product, freight, delivery, installation and training provide best value?

4.10. Points and Score Calculations

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

Section Evaluation Criteria Points

4.9.2.1 Proposed Product 40

4.9.2.2 Estimated Delivery Schedule 35

4.9.2.3 On Site Training Plan 15

4.9.2.4 Value 10

Score Explanation

1 – 49% POOR TO FAIR – Offeror meets minimum requirements but does not demonstrate “Satisfactory” knowledge of the subject matter.

50 – 60% SATISFACTORY– Response meets all requirements in an acceptable manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with little or no additional value provided.

61-89 % GOOD TO VERY GOOD – Response provides useful information, while showing experience and knowledge within the affected services area. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

90 – 100% 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 opportunity.

Offeror provides deep and meaningful insight into its expertise, knowledge, and understanding of the subject matter.

5. Award and Negotiation

5.1. Award Notification Process

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 RFQ.

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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.

5.2. Intent to Award Protest

Under ORS 401.551, the Public Contracting Code does not apply to the acquisition of preparedness equipment.

No protest opportunity is required or allowed.

5.3. Apparent Successful Proposer Submission Requirements

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

5.3.1. 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.

5.3.2. 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.

5.3.3. 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.

5.3.4. Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFQ, 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.

5.4. Contract Negotiations

5.4.1. Negotiations

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 RFQ, 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/Price

Agreement, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a 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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

2024012 Light Tower RFQ Page 10 of 11 changes, and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

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

6. Additional Information

6.1. Commitment to Diversity, Equity and Inclusion

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2. 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.

6.3. Governing Laws and Regulations

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

6.4. 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 RFQ become the Property of Agency. By submitting a Proposal in response to this RFQ, 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 RFQ 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.

6.5. Cancellation of RFQ; Rejection of Proposal; No Damages

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

2024012 Light Tower RFQ Page 11 of 11

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part or may cancel this RFQ 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 RFQ or a Contract/Price Agreement award, or the rejection of any Proposal.

6.6. 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.

6.7. 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.

6.8. Recyclable Products

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the

Services or Work described in this RFQ and the subsequent Contract (ORS 279B.025).

6.9. Checklist Disclaimer

Any checklists that may be contained in this RFQ 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 RFQ and complying with all the requirements of this

RFQ, 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 RFQ.

https://stateoforegon-my.sharepoint.com/personal/christian_a_nasset_oem_oregon_gov/Documents/www.oregon.gov/das