20351_Gaming Operations Floor Replacement RFP_Final~1.pdf

20351_Gaming Operations Floor Replacement RFP

REQUEST FOR PROPOSALS (“RFP”) #20351

FOR

FLOOR REPLACEMENT SERVICES

THIS IS A GENERAL PROCUREMENT AS DEFINED IN OAR 177-038-0000

Date of Issue: Wednesday, November 8, 2023

Proposal Submission Deadline:

Tuesday, November 28, 2023 no later than 10:00AM PST

Single Point of Contact (SPC): Elyse Castillo, Procurement Specialist 2

Address: 500 Airport RD SE City, State, Zip Salem, OR 97301

Phone (voice) 503-540-1367 E-mail: elyse.castillo@lottery.oregon.gov

The Oregon State Lottery 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:elyse.castillo@lottery.oregon.gov

TABLE OF CONTENTS

PAGE

SECTION 1: GENERAL INFORMATION…………………………………………………………..……….3

SECTION 2: SCOPE OF SERVICES……..……………………………………………………………,…..4

SECTION 3: PROPOSAL FORMAT AND CONTENT….…………………………………...……..,…….6

SECTION 4: EVALUATION PROCESS..…………………………………………………….…,……

SECTION 5: CONTRACTOR SELECTION & AWARD…………………………..…………………,….. 9

SECTION 6: INSTRUCTIONS TO PROPOSERS……………………………………………….….…..., 11

SECTION 7: CHECKLIST…………………………………………………………………………...…...….15

SECTION 8: SIGNATURE PAGE……………………………………………………………………….…..16

ATTACHMENT A: SAMPLE CONTRACT………………………………………………………..…….…. 17

ATTACHMENT B: PROPOSAL COVER SHEET………………………………………………………… 33

ATTACHMENT C: LOTTERY’S GAMING OPERATIONS ROOM MAP ………..…………………

ATTACHMENT D: PRICE PROPOSAL…………………………………………………………………… 35

SECTION 1

GENERAL INFORMATION

1.0 RFP INTRODUCTION

The State of Oregon acting by and through its Oregon State Lottery Commission (“Lottery”) is seeking proposals from qualified contractors with experience in the recommendation and installation of flooring for Lottery’s gaming operations department located at 500 Airport RD SE Salem, Oregon. Qualified flooring contractors ("Proposers") are requested to supply and install the flooring and related services as outlined in Section 2.

The Lottery will host a mandatory pre-proposal conference / walk-through on Tuesday, November 14th from 10:00 AM to 11:30 AM in the Pacific Room to discuss this request in detail. The lead project manager that will be involved in the project must be the attending representatives for each bidder.

Attendance is mandatory for all contractors intending to submit a proposal.

No statements of any nature that are made at this pre-proposal conference will change this RFP and they are not binding on Lottery until Lottery issues an Addendum making the change applicable to this RFP. All Addenda will be posted on the OregonBuys website.

Lottery intends to enter into a contract for the flooring services, substantially in the form of the sample contract attached to the RFP as Attachment A, with the highest-ranked Proposer, resulting from the evaluation and scoring process set forth in Sections 4 and 5 of this RFP.

The issuance of this RFP and the award and administration of any resulting Contract will be governed by the Oregon State Lottery Procurement Rules found in Oregon Administrative Rules Chapter 177, Division 38.

1.1 RFP SOLICITATION DOCUMENTS:

RFP documents may be downloaded from the State of Oregon’s eProcurement System, commonly referred to as “OregonBuys.” OregonBuys can be accessed through the following link: OregonBuys.

https://oregonbuys.gov/bso/

SECTION 2

SCOPE OF SERVICES

2.0 Background and Purpose. The Lottery’s gaming operations deparment currently requires new flooring for both the video support and bench areas. Each team performs a variety of tasks and utilizes different equipment which will potentially require two separate types of flooring solutions. The video support group has heavy duty traffic such as hand trucks, pallet jacks and 300# machines moved across it. The bench group requires Electrostatic Discharge Flooring (“ESD Flooring”). The current floor is concrete and has leftover adhesive from carpet that was previously installed. The square footage of the area is approximately 9,000 sq. ft. The Lottery is seeking new flooring recommendations and installation for both areas based on the requirements listed in section 2.1.

2.1 Project Requirements. The requirements for this project are as follows:

a. A large portion of the floor should be covered with a heavy duty vinyl, luxury vinyl tile or Contractor’s recommendation.

b. Remeaining flooring must be ESD tile type groundlock, 24x24 interlocking tile including copper grounding tape or equivalent.

c. Approximately 900 linear feet of 4.5 toe base must be installed thoughout the area.

d. Flooring must be low to no maintenance.

e. Flooring must allow access to current walker ducts if needed.

2.2 Scope of Work. Lottery expects the awarded Contractor at minimum to perform the following tasks and deliver the deliverables described in this Section 2.2 (the “Services”). The scope shall include, but is not limited to:

2.2.1 Performance.

a. Contractor will make flooring recommendations for both work areas.

b. Upon request, the Contractor will provide flooring samples for selection purposes prior to an approved job.

c. Upon request, the Contractor shall provide work plans and written schedules to be approved by Lottery, prior to work commencing.

d. Contractor shall carefully inspect all floor surfaces for square, level and condition prior to installating flooring solutions to ensure the surfaces provided are sufficient and result in a high-quality and satisfactory finish.

2.2.2 Site visits.

a. Contractor shall carefully field measure and check all areas designated to review flooring.

b. All dimensions shall be determined or verified by the Contractor.

c. The Contractor’s project manager will meet with Lottery facilities staff as often as required for the purpose of reviewing progress and providing necessary guidance.

2.2.3 Preparation and General Installation Requirements.

a. Minor floor prep and patching as applicable.

b. Griding and/or leveling of substrate as needed.

c. Coordinate physical installation of the flooring with Lottery staff.

2.2.4 Deliverables. Tasks and deliverables required from this effort will include, but are not limited to:

a. Project schedule/timeline.

b. Deliver the flooring solutions.

c. Install the flooring solutions.

2.3 Deliverable Review & Acceptance Process.

Contractor shall complete all Services, including deliverables, to Lottery’s satisfaction. Contractor shall submit, and Lottery will review, deliverables as set forth in Section 20 of Attachment A, the Sample Contract.

2.4 Lottery Responsiblities. Under a resulting Contract, Lottery will at minimum provide or perform the following tasks and responsibilities:

2.3.1 Provide Contractor access to Lottery’s facilities and appropriate resources as reasonably necessary for Contractor to fulfill its obligations.

2.3.2 Promptly notify Contractor of any unsafe condition about which Lottery has knowledge and to which Contractor resources could be exposed.

2.3.3 Promptly notify Contractor of any accidents or injuries involving Contractor employees or subcontractors assigned to Lottery.

2.3.4 Perform acceptance review of Services and/or Deliverables upon completion by the Contractor.

2.5 Contractor’s Responsibilities. Contractor, at a minimum, shall perform the Services for Lottery in accordance with the requirements outlined below:

2.5.1 Permits: Any required permits to complete this project are the responsibility of the Contractor.

2.5.2 Travel, Labor, Equipment, Tools and Supplies: Contractor shall supply or/provide all freight, travel, tools, labor, equipment, materials, and supplies necessary to perform Services.

2.5.3 Contractor shall be responsible for; activities, equipment, materials, vehicles, and any damage they may incur during the course of this project to the surrounding landscape or existing building structure. Contractor shall be required to provide all equipment, labor and materials specified necessary for the timely completion of the Services. Contractor shall be required to supply necessary means and methods and equipment to secure and protect work areas and surrounding spaces.

2.5.4 Cleanup and debris removal: Contractor shall be responsible for the removal and disposal of excess materials, containers, and equipment including hazardous materials and wastes. Disposal shall be in compliance with all state and federal regulations.

2.6 Warranty

The Contractor agrees to honor manufacturers’ warranties and guaranties on all products used to complete the project.

SECTION 3

PROPOSAL FORMAT AND CONTENT

3.0 Proposal Format and Content. Proposers should provide all information required in the format below.

The Proposal will be evaluated on the basis of its content, not length. Proposers must present the information in the Proposal in the order that corresponds with the Sections of this RFP.

3.1 Mandatory, Non- Scored Content.

3.1.1 Proposal Cover Sheet (Attachment B). (Mandatory, Non-Scored). The Proposal Cover Sheet should be completed, signed and dated by an authorized representative of the Proposer.

3.1.2 Acceptance of Terms and Conditions. (Mandatory, Non-scored)

Proposer shall include a statement accepting ALL terms and Conditions stated in Section 5.1.6.

Proposer shall NOT make its Proposal contingent upon Lottery’s acceptance or willingness to negotiate proposed changes to the terms and conditions, nor is Lottery obligated to negotiate such proposed changes to terms and conditions should the Proposer be deemed the highest-scored Proposer.

3.1.3 Checklist and Signature Page. (Mandatory, Non-scored)

Proposer shall include a signed Proposal Checklist and Signature Page (Section 7) that has been signed by an individual authorized to make contractual commitments on behalf of the Proposer.

3.1.4 Termination for Default. Proposer shall state (yes with details, or no) if it has been a party to a contract that was terminated for default within the last 5 years. “Termination for default” means that Proposer received notice to stop performance due to Proposer’s non-performance or poor performance under the contract, the issue of performance was either (a) not litigated, or (b) litigated and determined that the Proposer was in default, and the contract actually was terminated for one or more of the reasons specified in the notice.

NOTE: Responding positively that Proposer has been a party to a contract terminated for default will not automatically result in a “FAIL” for this criteria. However, if Proposer was a party to a contract terminated for default as described above, then Proposer shall submit full details including the other party’s name, address and phone number. Lottery will evaluate the facts and may, at its sole discretion, reject the Proposer as non-Responsible on the grounds of Proposer’s past performance.

3.2 Proposal. (Scored Content) The Program Proposal is a clear, concise narrative which addresses the following:

3.2.1. Company Overview. Describe a brief overview of the company. Specifically, proposals should address the following:

i. A detailed overview/history of your company.

ii. A thorough description of your company’s ability to provide a multitide of flooring options and the warranties that accompany them.

3.2.2 Experience and Qualifications. Describe the successful relevant experience of the Proposer and the proposed key staff in providing the work described in Section 2 of this RFP. Specifically, proposals should address the following:

i. Similar projects performed within the last three (3) years which best exhibit in detail the Proposer’s capabilities, effectiveness, work quality and cost control.

ii. List at least two (2) relevant references, including the name of the reference entity, a brief statement describing the relationship between the Proposer and the reference entity, and the name, title, email and telephone number of a contact person at the reference entity, for the Proposer and each proposed subcontractor if any.

iii. Outline qualifications of all proposed project team members.

3.2.3 Work Proposal and Approach.

Proposer shall provide a detailed work proposal that shall include, but not be limited to, Contractor’s ability to perform the Services, timeline, approach, and plan for addressing requirements as specified in the RFP.

3.2.4 Corporate Social Responsibility.

The Lottery’s Corporate Social Responsibility program is called Good. Business. Lottery focuses our energies on initiatives that support a healthy player base; foster diversity and inclusion; enhance and protect our environment; and create positive impacts in our communities.

Describe your company’s commitment to doing good business which may include a statement or policy for one or more of the following:

- Affirmative Action Statement/Policy

- Diversity Equity & Inclusion Statement/Policy

- Sustainability Statement/Policy

- Corporate Social Responsibility Program Information (i.e. annual report, mission statement etc.)

3.2.5 Price Proposal (Attachment D). Proposers are required to complete and submit the Price Proposal (Attachment D) in a separate .pdf.

SECTION 4

EVALUATION CRITERIA AND SCORING

4.0 ROUND ONE MANDATORY REQUIREMENTS (PASS / FAIL)

Written Proposals will first be evaluated by the Procurement Specialist according to the Mandatory (Pass/Fail) requirements in Section 3.1. Proposals receiving a Fail in any of the criteria listed in Section

3.1 will be rejected and eliminated from further consideration.

Lottery will notify all Proposers of their Step One status.

4.1 ROUND TWO EVALUATION AND SCORING MATRIX. The Lottery’s Evaluation Committee will evaluate and rate all remaining proposals based on the Evaluation Criteria prescribed below:

Evaluation Criteria Points Possible

Section 3.2.1 Company Overview: Proposer will be evaluated on their company overview and understanding of the project.

Section 3.2.2 Experience/Qualifications: Proposer will be evaluated on their experience as it pertains to the scope of this project.

Section 3.2.3 Work Proposal and Approach: Proposer will be evaluated on their approach as it pertains to the scope of this project.

Section 3.2.4 Corporate Social Responsibity: Proposers will be evaluated based on the company’s commitment to doing good business.

Section 3.2.5 Pricing: Proposers with the lowest not to exceed project total in Exhibit B, will be given the maximum number of points available.

Total points for all other Proposers will be determined according to the following formula:

A = Total possible points = 100

L = Lowest cost proposed

X = Cost being scored

B = Awarded score

Formula: "L" divided by "X" times "A" = "B"

(Example: Lowest cost is $10,000, cost being scored is $12,500. Points awarded is 80)

SECTION 5

EVALUATION PROCESS,

CONTRACTOR SELECTION AND AWARD

5.0 EVALUATION STEPS, AND PROGRESSION. All Proposals accepted by the Lottery will be reviewed to determine whether they are responsive or non-responsive to the requirements of this RFP. Proposals that are determined by the Lottery to be non-responsive will be rejected.

5.0.1 STEP ONE: MANDATORY, Non-Scored (PASS / FAIL)

Written Proposals will first be evaluated by the Procurement Specialist according to the

Mandatory (Pass/Fail) requirements in Section 3.1. Proposals receiving a Fail will be rejected and eliminated from further consideration. Proposers must present the information in the Proposal in the order that corresponds with the Sections of this RFP.

5.0.2 STEP TWO: SCORED.

All Proposals that pass the mandatory non-scored requirements will be evaluated and scored according to the criteria described in Section 4.1, Evaluation and Scoring matrix.

5.0.3 NEXT STEP DETERMINATION. At the conclusion of the Step Two evaluation process and ranking of Proposers, Lottery may Award a Contract to the highest ranked Responsible Proposer based upon the scoring and methodology described in Section 4.1.

5.1 CONTRACTOR SELECTION AND CONTRACT AWARD

5.1.1 NOTICE OF INTENT TO AWARD. If Lottery Awards a Contract, whether such Award occurs at the end of the Round One Evaluation Process, or a subsequent round, Lottery will issue a written “Notice of Intent to Award” to all Proposers identifying the Successful Proposer.

5.1.2 RESERVED

5.1.3 CLARIFICATION OF PROPOSALS. In accordance with OAR 177-038-0150(2), Lottery may request clarification of any item in any Proposal if Lottery determines the request is necessary to properly evaluate a particular Proposal. Lottery will make all requests in writing. Proposer must provide its clarification response within 24 hours of Lottery’s request, unless otherwise stated in Lottery’s written request for clarification. If Proposer does not provide the required information by the specified deadline, Lottery may reject the Proposal.

5.1.4 REFERENCES. Lottery reserves the right to investigate any and all references and the past performance information provided in the proposal, as well as consider information available from any other sources including government bodies and regulatory authorities in evaluating Proposers.

5.1.5 RESPONSIBLE PROPOSER DETERMINATION. Any time prior to Award and execution of a

Contract, Lottery may investigate, evaluate and determine whether a Proposer is Responsible in accordance with OAR 177-038-0180 and has not been suspended by Lottery under OAR 177- 038-0260. Proposers must provide all information Lottery requests for this purpose. Lottery may determine that a Proposer is not Responsible if that Proposer fails to provide the information Lottery requests. Lottery may postpone Award of a Contract to complete its investigation and evaluation. If Lottery determines that a Proposer is not Responsible, Lottery will reject the Proposal.

5.1.6 NEGOTIATIONS WITH ANTICIPATED CONTRACTOR(S). Lottery will negotiate the provisions of the final Contract with the successful Proposer, except for the required terms specified below, which are not negotiable. Contractual terms that are required by law are not negotiable. Lottery will deliver a form contract to the Proposer to initiate the negotiation process.

a. Non-Negotiable Terms

i. Right to Terminate for Convenience, breach or budgetary reasons;

ii. Time is of the Essence for Contractor’s performance;

iii. Access to Records;

iv. Oregon Law must be the Governing Law;

v. Venue must be in Oregon; Contractor must consent to jurisdiction in Oregon Circuit court

(Marion County) and Oregon federal district court;

vi. Certification of Tax Law Compliance;

vii. Compliance with Law;

viii. No Third-Party Beneficiaries unless identified;

ix. Confidentiality Information and Public Records Laws;

x. Foreign Contractor;

xi. Amendments; and

xii. Disclosure of Federal Tax Identification Number

SECTION 6

INSTRUCTIONS TO PROPOSERS

6.1 GENERAL INSTRUCTIONS FOR PROPOSAL SUBMISSION

6.1.1 DEFINITIONS. In addition to the terms defined in this RFP, all other capitalized terms used but not defined in this RFP are defined in OAR 177-038-0000. For purposes of this RFP, “Proposer” and “Proposers” includes a potential Proposer and potential Proposers, respectively.

6.1.2 APPLICABLE LAW. The Oregon Constitution, Oregon Revised Statutes and administrative rules establish the purpose, powers, duties, and procedural regulatory framework applicable to Lottery. Lottery is subject to the following: Article XV of the Oregon Constitution, sections 4, 4a, 4b and 4c; Oregon Revised Statutes (“ORS”) chapter 461; and Oregon Administrative Rules (“OAR”) Chapter 177, specifically OAR 177-038-0000 through OAR 177-038-0260 (Lottery Procurement Rules) and at OAR 177-037-0000 through OAR 177-037-0070 (Lottery Vendor Disclosure Rules). Proposer shall be familiar with these administrative rules and with ORS chapter 461. Lottery Procurement Rules and Lottery Vendor Disclosure Rules are currently accessible at http://arcweb.sos.state.or.us/rules/OARS_100/OAR_177/177_tofc.html. Oregon Revised Statutes chapter 461 is currently accessible at http://landru.leg.state.or.us/ors/461.html.

6.1.3 GENERAL PROCUREMENT AND ASSOCIATED SECURITY BACKGROUND

INVESTIGATIONS. This solicitation is a “General Procurement” as defined in as defined in OAR 177-037-0000(2). In accordance with OAR 177-037-0000(2), Contractor may be subject to a security background investigation performed by Lottery’s Security Section. The background investigation may include, but may not be limited to, the completion of forms that will be provided by the Lottery Security Section and a finger-print check. The Lottery, in its sole discretion, reserves the right to determine the level of Contractor disclosure and security background investigation required under this Contract.

Lottery may decline to Award the Contract, terminate the Contract, or both, or prohibit

Contractor’s use of any Contractor-associate, including but not limited to employees or subcontractors, if Lottery determines that results of any required security background investigation are unsatisfactory.

6.1.4 APPLICABILITY OF PREVAILING WAGES. The Lottery is exempt from the prevailing wage rate requirements of ORS 279C.800 through ORS 279C.870. PREVAILING WAGE RATES DO NOT

APPLY TO THIS PROJECT.

6.2 SOLE POINT OF CONTACT. Proposers shall direct all communications and correspondence related to this RFP to Elyse Castillo, Procurement & Contracts Specialist 2 (“Procurement Specialist”) who is Lottery’s designated Sole Point of Contact for all questions regarding this RFP. Proposers shall not communicate or correspond with any other Lottery personnel on any matter related to this RFP.

CONTACT INFORMATION:

Specialist: Elyse Castillo Telephone Number: 503-540-1367 Oregon State Lottery Email: elyse.castillo@lottery.oregon.gov 500 Airport Road SE, Salem, OR 97301 PO Box 12649, Salem, OR 97309-0649

6.3 TENTATIVE SCHEDULE. The schedule of events set forth below represents Lottery’s best estimate of the schedule that will be followed and is provided as a courtesy only. If a component of this schedule changes, the remainder of the schedule may be shifted to reflect that change.

http://landru.leg.state.or.us/ors/461.html

EVENT DATE / TIME

RFP Issue Date: November 8, 2023

RFP Mandatory Pre-Proposal Conference: November 14, 2023 from 10:00AM to 11:30AM

Questions/ Requests for Clarification Due: November 17, 2023

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

November 20, 2023 at 10:00AM

Proposal Submission Due Date: November 28, 2023 at 10:00AM

Notice of Intent to Award (approx.): December 7, 2023

Contract Executed (approx.): December 18, 2023

6.4 RESERVED

6.5 RFP CHANGES AND CLARIFICATION; ADDENDA

6.5.1 REQUESTS FOR RFP CHANGES AND CLARIFICATION

Proposers may request changes to, or clarification of, this RFP by submitting a written request to the Procurement Speciliast at the mailing address or email address indicated in Section 6.2. This is Proposer’s only opportunity to seek changes to, or clarifications of, this RFP. Each Request for RFP Change or Clarification must include a statement of the requested changes or clarifications, including the reasons for the requested changes, and all relevant information necessary to permit Lottery to make an informed decision for disposition of the request.

6.5.2 CLARIFICATION REQUEST

Proposer shall submit each request for RFP change or clarification to the Procurement Specialist in a form clearly labeled “Clarification Request” and must include the RFP number and title described on the RFP cover page . The deadline for submission of requests for RFP change, clarification is specified in Section 6.3, Schedule. Lottery will address all timely submitted requests for RFP changes, clarifications within a reasonable time following Lottery’s receipt of the request and will issue a written response to the Proposer who submitted the clarification request.

6.5.3 ADDENDA

Lottery will make all changes to this RFP, if any, by written Addenda according to OAR 177-038-

0110. Addenda will be provided to each potential Proposer. If required by the Addendum, Proposers shall sign and return all Addenda to Lottery prior to the Proposal Submission Deadline.

6.6 PROPOSAL SUBMISSION REQUIREMENTS

6.6.1 Proposer must submit via email all required information, responses, and documents as requested in this RFP to the Procurement Specialist no later than the Proposal Submission Deadline specified in Section 6.3, Schedule. Proposals received after the Proposal Submission Deadline are late and will be rejected. All Proposals are firm for ninety (90) days from the Proposal Submission Deadline.

Proposers shall submit:

i. One complete Proposal in .pdf form, excluding Pricing Proposals, with signature of the individual authorized to legally bind Proposer.

ii. In a separate .pdf one (1) Pricing Proposal.

6.6.2 RESERVED.

6.6.3 FAXED OR ELECTRONIC PROPOSALS

Faxed or emailed Proposals are not permissible and will be rejected..

6.6.4 PROPOSAL ORGANIZATION

Proposer should organize its Proposal so that its content corresponds to the order of the requested information and response requirements that appear in this RFP. Please cite the RFP sections to which the Proposal contents pertain or reproduce the text of the RFP requirement immediately prior to Proposers response to that requirement.

6.6.5 PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

Proposals submitted to Lottery are subject to the Oregon Public Records Law, ORS 192.311 through ORS 192.478. If a Proposer claims that particular sections of its Proposal may be exempt from public disclosure under the Oregon Public Records Law, Proposer must specifically identify those Proposal sections and the specific page numbers on which they appear. Proposer also must specify the particular exemptions from disclosure under Oregon Public Records Law upon which the exemption claim is made.

If Lottery receives a public records request for disclosure of any information Proposer claims is exempt from disclosure, Lottery will make a reasonable attempt to notify Proposer of the request prior to release.

6.6.6 PROPOSAL MODIFICATIONS AND WITHDRAWAL

Proposals may be modified or withdrawn before Closing only according to OAR 177-038-0130.

6.6.7 COST OF PROPOSING

Proposers are responsible for all costs associated with submitting a Proposal(s) in response to this RFP.

6.7 LOTTERY’S REVIEW OF PROPOSALS; CONTRACT AWARD

6.7.1 LOTTERY’S RESERVATION OF RIGHTS

Lottery reserves the right, in its sole discretion to:

i. Modify this RFP at any time prior to final selection of the highest ranked Proposer, regardless of whether the RFP closing date has passed;

ii. Extend the Proposal Submission Deadline;

iii. Request clarifications and additional information, where in Lottery’s sole determination the additional information will provide Lottery the opportunity to fully evaluate each Proposal, on a case by case basis.

iii. Determine whether a Response does or does not substantially comply with the requirements of this RFP; or

iv. Waive any minor informality pursuant to OAR 177-038-0170;

6.7.2 REFERENCES

Lottery may investigate a Proposer’s references and all aspects of the Proposer’s past contract performance. Lottery may check any source for information including sources other than the references Proposer provides in its response. Lottery may consider information provided from any of these sources in evaluating responses.

6.7.3 PUBLICITY

Until a Contract resulting from this RFP is effective, each Proposer shall ensure that no employee, agent or representative of Proposer makes available or discusses its Proposal with any elected or appointed official or officer of the State of Oregon, any member of the Oregon State Lottery Commission, or any employee, agent, or representative of Lottery, other than the Procurement Specialist, unless specifically authorized by Lottery or required to do so by law. Proposers shall not issue any press releases or make any statement to the news media pertaining to this RFP, any Proposal, any proposed Contract or the Services to be provided, without Lottery’s prior written approval.

6.7.4 CONTRACT AWARD

Lottery will Award a Contract to the Proposer(s) who submitted the highest-scored Proposal.

Lottery will issue a written “Notice of Intent to Award” to all Proposers identifying the Successful Proposer.

6.7.5 NEGOTIATIONS WITH ANTICIPATED CONTRACTOR(S)

Lottery will negotiate the provisions of final Contracts; including the pricing, payment methodology, and overall scope of Services with the Successful Proposer. If Lottery and the Successful Proposer are unable to successfully negotiate a final Contract, Lottery may discontinue negotiations with that Proposer and begin negotiations with the Proposer who submitted the next highest-scoring Proposal.

5.7.6 CANCELLATION OF RFP; REJECTION OF PROPOSALS

Nothing in this RFP restricts or prohibits Lottery from canceling this solicitation at any time or from rejecting any or all Proposals.

6.7.7 CONTRACT INFORMATION

Lottery and the successful Proposer will negotiate a Contract substantially in the form attached as

Attachment A.

SECTION 7

CHECKLIST

The following Checklist is provided to assist Proposers in Compiling and Submitting their Response.

7.0 RESPONSE COPIES:

7.0.1 One (1) original Proposal in .pdf (excluding Pricing Proposals). (Included)

7.0.2 One (1) Pricing Proposal

in a separate .pdf (Included)

7.1 RESPONSE TO MANDATORY REQUIREMENTS (PASS/FAIL): (Included)

7.2 RESPONSE TO SCORED REQUIREMENTS: (Included)

7.3 CHECKLIST (Section 7): (Included)

7.4 SIGNATURE PAGE (Section 8): (Included)

7.5 PRICING PAGE (Attachment D) (Included)

7.6 ADDENDA ____ THROUGH ____ RECEIVED & ACKNOWLEDGED. ______ (Check)

(Fill in the blanks as appropriate and check)

SECTION 8

SIGNATURE PAGE

Proposer shall, by its signature below, affirm that:

8.0 Proposer has thoroughly read and understands the components and requirements of this RFP and agrees that Lottery is not liable for any claims or subject to any defenses asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to understand all requirements of this RFP;

8.1 The undersigned is Proposer’s authorized representative, that the information provided in the Proposal is true and accurate, and that Proposer understands that providing incorrect or incomplete information may be cause for Proposal rejection or Contract termination;

8.2 Proposer has received and duly considered all Addenda to this RFP (specifically identify each

Addendum by number or return signed Addenda with Proposal);

8.3 Proposer is submitting the Proposal in response only to this RFP, has made no assumptions based upon either (i) verbal or written statements not contained in the RFP, or (ii) any request for proposals previously issued by Lottery;

8.4 Proposer prepared the Proposal independent from all other Proposers, without collusion, fraud, or other dishonesty, or in any other manner that could in any way interfere with fair competition, except as otherwise permitted by law;

8.5 Proposer agrees Lottery is not liable for any expenses Proposer incurs or has incurred in either preparing and submitting the Proposal, Contract selection or Contract negotiation process.

8.6 By submitting a Proposal in response to this RFP, Proposer grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the Proposal for the purpose of conducting this procurement and to fulfill the State of Oregon's obligations under Oregon Public Records Laws.

Name and Title of Authorized Representative (Print)

Signature of Authorized Representative Date

Contact Person Phone Fax Email

Proposer is an Oregon Certified MWESB ___ YES If Yes, provide your Oregon ___ NO Certification No. __________

RFP #20351

ATTACHMENT A

(SAMPLE CONTRACT)

OREGON STATE LOTTERY

SERVICES CONTRACT

#20351

FOR FLOOR REPLACEMENT SERVICES

This Contract #________ (“Contract”) is between the State of Oregon, acting by and through its Oregon State Lottery Commission (“Lottery”) and __________________________, (“Contractor”), collectively the “Parties”.

Lottery’s Contract Administrator for this Contract is _____________.

1. Effective Date and Duration.

a. This Contract shall become effective on the date this Contract has been signed by every party hereto, and has been approved by the Attorney General in compliance with applicable law. (“Effective Date”).

Unless terminated or extended, this Contract shall expire upon Lottery’s acceptance of all Services, or

__________ XX, 2023 whichever occurs last. Neither expiration nor termination shall extinguish or prejudice Lottery’s right to enforce this Contract with respect to any breach of a Contractor warranty or any default or defect in Contractor’s performance that has not been cured.

2. Consideration.

a. The maximum, not to exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $__________.

b. Payments shall be made to Contractor in accordance with the Payment Methodology in Exhibit A.

3. Amendments.

No waiver, consent, modification or change to the terms of this Contract shall bind either party unless in writing and signed by both parties and all approvals by law have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.

4. Definitions.

In addition to the terms defined in this Contract, all other capitalized terms used but not defined in this Contract are defined in OAR 177-038-0000.

5. Statement of Work.

The Statement of Work (the “Services”), including deliverables and the delivery schedule for such Services, if applicable, is contained in Exhibit A, and is attached and incorporated by reference into this Contract.

Contractor agrees to perform the Services as specified in Exhibit A and in accordance with the terms and conditions of this Contract.

6. RESERVED.

7. Invoicing and Payment.

a. Submission.

Contractor shall submit one invoice to Lottery upon acceptance of all Deliverables by Lottery. Invoice shall be submitted to: Oregon State Lottery, Attn.: Accounts Payable Dept., PO Box 12649, Salem, OR, 97309; or to Lottery’s electronic mailbox: lottery.ap@lottery.oregon.gov.

b. Payment Terms.

Lottery’s payment terms are NET 30 days from receipt of an accurate invoice.

c. Late Charges.

Contractor may assess late payment charges to the extent permitted by ORS 293.462.

d. Conditions Precedent to Payment.

As a condition precedent to Lottery’s obligation to pay Contractor, Contractor shall, upon execution of this Contract, deliver to Lottery the applicable Internal Revenue Service form, whether a W-9 form, W- 8 form, 8233 form or other similar form, based upon Contractor’s status as a United States person, resident alien or nonresident alien, as those terms are defined in 26 USC §7701. These forms are currently available at http://www.irs.gov. Lottery may withhold payments to Contractor pending Lottery's receipt from Contractor of the applicable, completed and signed form.

e. Invoice Review / Dispute Process.

Lottery will review each invoice within ten (10) Business Days of receipt, and will either approve payment of the amount invoiced or notify Contractor of any errors or disputed charges.

If an error or dispute arises concerning charge(s) on an invoice, Lottery will notify Contractor of the disputed charge. Upon notification of dispute, Contractor shall submit to Lottery documentation to support the amount charged. Lottery will have seven (7) Business Days to consider the validity of the supporting documentation, however, Lottery’s failure to respond to Contractor by the end of the seven

(7) Business Day period shall not be deemed Lottery’s acceptance of the documentation and shall not obligate Lottery to pay the disputed amount in full.

Lottery, in its sole and absolute discretion, will determine if the supporting documentation provides sufficient justification for the charges set forth in the disputed invoice. If Lottery determines that the supporting documentation is sufficient, Lottery will notify pay Contractor the amount claimed due in the invoice. If Lottery determines the supporting documentation supports payment in an amount less than originally invoiced, Lottery will notify Contractor of the amount Lottery believes is due under the invoice.

Contractor may resubmit an invoice for the lesser undisputed amount following Lottery’s review, and Lottery will pay the invoice as set forth in Section 7(b).

8. Independent Contractor; Responsibility for Taxes and Withholding.

a. Contractor shall perform all required Services as an independent contractor. Although the Lottery reserves the right (i) to determine the delivery schedule for the Services to be performed and (ii) to mailto:lottery.ap@lottery.oregon.gov evaluate the quality of the completed performance, Lottery cannot and will not control the means or manner of Contractor’s performance. Contractor is responsible for determining the appropriate means and manner of performing the Services.

b. If Contractor is currently performing services for the State of Oregon or the federal government, Contractor by signature to this Contract declares and certifies that: Contractor’s Services to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor’s employing agency (state or federal) would prohibit Contractor’s Services under this Contract. If applicable, Contractor meets the specific independent contractor standards of ORS 670.600. Contractor is not an “officer,” “employee,” or “agent” of the Lottery, as those terms are used in ORS 30.265(1) and (4). Contractor shall have no right or authority to incur or create any obligation for or legally bind the Lottery in any way.

c. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments to

Contractor under this Contract and, unless Contractor is subject to backup withholding, Lottery will not withhold from such compensation or payments any amount(s) to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any Social Security, unemployment insurance or workers’ compensation benefits from compensation or payments to Contractor under this Contract, except as a self-employed individual.

9. Subcontracts and Assignment; Successors and Assigns.

a. Contractor shall not enter into any subcontracts for any of the Services required by this Contract, or assign or transfer any of its interest in this Contract, without the Lottery’s prior written consent. In addition to any other provisions the Lottery may require, Contractor shall include in any permitted subcontract under this Contract a requirement that the subcontractor be bound by Sections 7(d), 8, 9,10,11,13, 14, 15, 18, 19, 22,23, 26, 31, and 32 of this Contract as if the subcontractor were the Contractor. Lottery’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

b. The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns, if any.

10. No Third Party Beneficiaries.

Lottery and Contractor are the only Parties to this Contract and are the only Parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

11. Access and Security Background Investigations.

This Contract is a “General Procurement” as defined in OAR 177-037-0000. In accordance with OAR 177-

037-0050, Contractor may be subject to a security background investigation performed by Lottery’s Security Section. The background investigation may include, but may not be limited to, the completion of forms that will be provided by the Lottery Security Section and a finger-print check. The Lottery, in its sole discretion, reserves the right to determine the level of Contractor disclosure and security background investigation required under this Contract.

12. Funds Available and Authorized; Payments.

a. Article XV, section 4(4)(d) of the Oregon Constitution provides that Lottery is a self-supporting, revenue-raising agency and that no appropriations, loans, or other transfers of state funds shall be made to it.

Accordingly, all amounts payable by Lottery under this Contract are the sole responsibility of Lottery, and not the State, and are payable only from: (1) Revenues received by Lottery from lottery games; and (2) other miscellaneous revenues generated by Lottery. Lottery certifies that, as of the effective date of this Contract, sufficient funds are available and authorized for expenditure to finance the costs of this Contract within Lottery’s current financial plan. Notwithstanding this certification, Lottery’s payments under this Contract, together with all of Lottery’s other obligations incurred under ORS 461.510(4), are limited by Article XV, section 4(4)(d) of the Oregon Constitution and ORS 461.500(2). If Lottery’s authority or ability to conduct lottery games is removed or diminished, or if Lottery reasonably determines that expending the amounts payable by Lottery under this Contract would be in violation of the 16% (sixteen percent) limitation under ORS 461.500(2), Lottery may terminate this Contract.

13. Representations and Warranties.

a. Contractor’s General Representations and Warranties.

Contractor represents and warrants to Lottery that:

i. Contractor fully understands and shall perform its obligations under this Contract and shall not make any claims for, or have any rights to relief based on its claim that it misunderstood the terms of this Contract, or lacked information related to its required performance under this Contract.

ii. Contractor is qualified to do business in the State of Oregon and it will take such action as may be necessary to remain so qualified.

iii. Contractor is not in arrears with respect to the payment of any monies due and owing the State of Oregon, or any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and it shall not become so during the term of this Contract.

iv. Contractor shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to its performance under this Contract.

v. Contractor shall procure, at its own expense, all required licenses, certifications, permits, and governmental approvals necessary to perform its obligations under this Contract.

vi. Contractor has the power and authority to enter into and perform this Contract;

vii. This Contract, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms;

viii. The Services under this Contract must be performed in a good and workmanlike manner and in accordance with the highest professional standards; and

ix. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services.

b. Warranties Cumulative.

The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided.

14. RESERVED.

15. Indemnity.

a. CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS AND INDEMNIFY THE LOTTERY AND

THE STATE OF OREGON AND THEIR AGENCIES, SUBDIVISIONS, OFFICERS, DIRECTORS,

AGENTS, AND EMPLOYEES FROM AND AGAINST ALL THIRD PARTY CLAIMS, SUITS, ACTIONS,

LOSSES, DAMAGES, LIABILITIES, STATUTORY PENALTIES, COSTS AND EXPENSES OF ANY

NATURE WHATSOEVER RESULTING FROM, ARISING OUT OF, OR RELATING TO THE ACTS OR

OMISSIONS OF CONTRACTOR OR ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR

AGENTS UNDER THE WORK ORDER CONTRACT, INCLUDING: (I) ANY CLAIM THAT

CONTRACTOR, A SUBCONTRACTOR, OR CONTRACTOR’S STAFF OR A SUBCONTRACTOR’S

STAFF ARE EMPLOYEES OF THE STATE OR LOTTERY FOR ANY REASON, AND (II) ANY CLAIM

AGAINST THE STATE OR LOTTERY, WHICH, IF TRUE, WOULD CONSTITUTE A BREACH BY

CONTRACTOR OF ANY OF THE REPRESENTATIONS, WARRANTIES, OR COVENANTS SET

FORTH IN THIS WORK ORDER CONTRACT. WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, CONTRACTOR WILL HAVE NO OBLIGATION TO INDEMNIFY LOTTERY OR THE

STATE OF OREGON FROM AND AGAINST ANY CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES,

LIABILITIES, COSTS, AND EXPENSES ATTRIBUTABLE SOLELY TO THE ACTS OR OMISSIONS

OF LOTTERY OR THE STATE OF OREGON, AND THEIR OFFICERS, EMPLOYEES, OR AGENTS.

b. PROVIDED, HOWEVER, THE OREGON ATTORNEY GENERAL MUST GIVE WRITTEN

AUTHORIZATION TO ANY LEGAL COUNSEL PURPORTING TO ACT IN THE NAME OF, OR

REPRESENT THE INTEREST OF, THE STATE OR ITS OFFICERS, EMPLOYEES AND AGENTS

PRIOR TO SUCH ACTION OR REPRESENTATION. FURTHER, THE STATE, ACTING BY AND

THROUGH ITS DEPARTMENT OF JUSTICE, MAY ASSUME ITS OWN DEFENSE, INCLUDING

THAT OF ITS OFFICERS, EMPLOYEES AND AGENTS, AT ANY TIME WHEN IN THE STATE’S

SOLE DISCRETION IT DETERMINES THAT (i) PROPOSED COUNSEL IS PROHIBITED FROM THE PARTICULAR REPRESENTATION CONTEMPLATED; (ii) COUNSEL IS NOT ADEQUATELY

DEFENDING OR ABLE TO DEFEND THE INTERESTS OF THE STATE, ITS OFFICERS,

EMPLOYEES AND AGENTS; (iii) IMPORTANT GOVERNMENTAL INTERESTS ARE AT STAKE; OR

(iv) THE BEST INTERESTS OF THE STATE ARE SERVED THEREBY, CONTRACTOR’S

OBLIGATION TO PAY FOR ALL COSTS AND EXPENSES SHALL INCLUDE THOSE INCURRED BY

THE STATE IN ASSUMING ITS OWN DEFENSE AND THAT OF ITS OFFICERS, EMPLOYEES, OR

AGENTS UNDER (i) AND (ii) ABOVE.

c. IP INDEMNITY. IN ADDITION TO AND WITHOUT LIMITING THE GENERALITY OF SECTION A, CONTRACTOR EXPRESSLY AGREES TO, INDEMNIFY, DEFEND AND HOLD THE STATE OF

OREGON AND ITS AGENCIES, SUBDIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES AND

AGENTS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, ACTIONS, LOSSES,

DAMAGES, LIABILITIES, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER RESULTING

FROM, ARISING OUT OF OR RELATING TO ANY CLAIMS THAT THE GOODS INFRINGE ANY

PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK, UTILITY

DESIGN, OR OTHER PROPRIETARY RIGHT (COLLECTIVELY, “INTELLECTUAL PROPERTY

RIGHTS”) OF ANY THIRD PARTY. IF CONTRACTOR BELIEVES AT ANY TIME THAT THE GOODS

INFRINGE A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, CONTRACTOR MAY UPON

RECEIPT OF LOTTERY’S PRIOR WRITTEN CONSENT, WHICH LOTTERY SHALL NOT

UNREASONABLY WITHHOLD, (I) REPLACE AN INFRINGING ITEM WITH A NON-INFRINGING

ITEM THAT MEETS OR EXCEEDS THE PERFORMANCE AND FUNCTIONALITY OF THE

REPLACED ITEM; OR (II) OBTAIN FOR LOTTERY THE RIGHT TO CONTINUE TO USE THE

INFRINGING ITEM; OR (III) MODIFY THE INFRINGING ITEM TO BE NON-INFRINGING, PROVIDED

THAT, FOLLOWING ANY REPLACEMENT OR MODIFICATION MADE PURSUANT TO THE

FOREGOING, THE GOODS CONTINUES TO FUNCTION IN CONFORMANCE WITH THE

SPECIFICATIONS SET FORTH IN THIS CONTRACT. CONTRACTOR’S FAILURE OR INABILITY TO

ACCOMPLISH ANY OF THE FOREGOING SHALL BE DEEMED A MATERIAL BREACH OF THIS

CONTRACT, AND LOTTERY MAY PURSUE ANY RIGHTS AND REMEDIES AVAILABLE TO IT

UNDER THIS CONTRACT, INCLUDING TERMINATION.

16. Insurance.

Contractor shall have in effect, and maintain throughout the term of this Contract, the following insurance:

a. Workers’ Compensation.

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide workers’ compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements.

b. Commercial General Liability.

Commercial General Liability insurance covering Bodily Injury, Death and Property Damage. It shall include contractual liability coverage for the indemnity provided under this Contract. Contractor shall provide proof of insurance of not less than the following amounts:

$1,000,000 each occurrence for bodily injury and property damage $2,000,000 general aggregate

c. RESERVED.

d. Automobile Liability Insurance.

Automobile Liability insurance with a minimum of $1,000,000 combined single limit for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.

e. Additional Insureds.

The liability insurance policies that Contractor obtains pursuant to this section, except for Professional

Liability insurance, shall provide that the State of Oregon, Lottery and their divisions, officers and employees are additional insureds under the policy, but only with respect to the Services provided by Contractor under this Contract.

f. Certificates of Insurance.

As evidence of the insurance coverage required under this Contract, Contractor shall furnish acceptable insurance certificates to Lottery, as requested. The certificates must specify all of the parties who are additional insureds and shall indicate all deductible amounts or retention’s for all self insurance. Insuring companies shall be authorized to sell insurance in the State of Oregon.

Contractor shall be financially responsible for all pertinent deductibles, self-insured retention, and self-insurance

g. Notice of cancellation or change.

Contractor shall not, and shall cause its insurers to not cancel, materially change, reduce limits, or evidence intent not to renew the insurance coverage(s) without 30 calendar days prior written notice from the Contractor or its insurer(s) to the Oregon State Lottery Commission.

17. Termination.

a. Parties’ Right to Terminate by Consent.

This Contract may be terminated at any time by mutual written consent of the Parties.

b. Lottery’s Right to Terminate for Convenience.

Lottery may, at its sole discretion, terminate this Contract, in whole or in part, upon thirty (30) calendar days’ written notice to Contractor.

c. Lottery’s Right to Terminate for Cause.

Lottery may terminate this Contract immediately upon notice to Contractor, or at such later date as Lottery may establish in such notice, upon the occurrence of any of the following events:

i. If Lottery funding from sales sources is not obtained and continued at levels sufficient to allow for compensation for the Services, in Lottery’s sole administrative…