23176_SeaSketch_Solicitation_Final.pdf

Solicitation #S-66000-00013715 – Oregon SeaSketch Tool Maintenance and Technical Development

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STATE OF OREGON

COVER PAGE

Department of Land Conservation and Development

Intermediate Solicitation OregonBuys Bid Number S-66000-00013715 for

Oregon SeaSketch Tool Maintenance and Technical

Development

Date of Issue: June 4, 2025

Opening Date and Time: June 27, 2025, at 5:00PM Pacific Time.

Single Point of Contact (SPC): Erin Smith, Procurement and Contract Specialist

E-mail: erin.smith@dlcd.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:erin.smith@dlcd.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 OREGONBUYS

1.4 SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-BID CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 OFFER DELIVERY

4.5 OFFER MODIFICATION OR WITHDRAWAL

4.6 OFFER DUE

4.7 OFFER REJECTION

4.8 EVALUATION PROCESS

4.9 POINT AND SCORE CALCULATIONS

4.10 RANKING OF OFFERORS

4.11 NEXT STEP DETERMINATION

4.12 SCORING AND RANKING OF OFFERORS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

5.3 PRICE AGREEMENT NEGOTIATION

SECTION 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 SOLICITATION; REJECTION OF OFFER; NO DAMAGES

6.6 COST OF SUBMITTING A OFFER

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

• Attachment A – Sample Price Agreement

• Attachment B – Disclosure Exemption Affidavit

• Attachment C – Offeror Information and Certification Sheet

• Attachment D – Reference Check Form

• Attachment E – COBID Certification/ Outreach Plan

• Attachment F – Responsibility Inquiry

• Attachment H – Price Offer Template

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Land Conservation and Development (“DLCD” or “Agency”), is issuing this intermediate solicitation to maintain and improve the Oregon SeaSketch system by contracting with a qualified, experienced Offeror that has experience with the SeaSketch mapping tool.

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

Agency anticipates the award of one Price Agreement from this solicitation.

The initial term of the Price Agreement is anticipated to be 3 years with options to renew up to a cumulative maximum of 5 years (or as permitted by applicable statute or rule).

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.

Event Date Time

Pre-Proposal Conference (link in Section 4.2) June 11, 2025

3:00 PM –

4:00 PM

Questions / Requests for Clarification Due June 16, 2025 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) June 18, 2025

Opening (Offer Due) See Solicitation Cover Page

Offer Evaluations (approx.) July, 2025

Issuance of Notice of Intent to Award (approx.) July – August, 2025

1.3 OREGONBUYS

This solicitation, including all amendments, attachments, and exhibits is posted on OregonBuys at https://oregonbuys.gov. Solicitation documents will not be mailed.

1.3.1 OREGONBUYS ASSISTANCE

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.

1.3.2 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov

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1.4 SINGLE POINT OF CONTACT

The single point of contact for this solicitation is identified as the Purchaser in OregonBuys and on the Cover Page of this solicitation. Offeror shall direct all communications related to any provision of the solicitation only to the SPC, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

Agency is using the Intermediate Procurement method, pursuant to ORS 279B.075 and OAR 125-247-0270. Agency may use a combination of the methods for Competitive Sealed Offers, including optional procedures: a) Competitive Range; b) Discussions and Revised Offers; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Offers.

2.2 DEFINITION OF TERMS

In addition to terms defined elsewhere in this solicitation, terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

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

“Amendment” as used in OregonBuys means “Addendum or “Addenda”, as defined in OAR 125- 246-0110(1).

“Bid Opening Date” means “Closing” as defined in OAR 125-246-0110(26). Offer “Opening” as defined in OAR 125-246-0110(99) will immediately follow.

“Offer” (referred to as “Quote” in OregonBuys) means a written response to a solicitation.

“Offeror” (referred to as “Vendor” in OregonBuys) All firms submitting Offers are referred to as Offerors in this document; after negotiations, an awarded Offeror will be designated as “Consultant”.

2.3 OVERVIEW AND PURPOSE

In 2019, DLCD had a service and license agreement with the University of California Santa Barbara (UCSB) to launch and develop the Oregon SeaSketch mapping tool based on the SeaSketch platform developed by UCSB’s laboratory for work around the globe. The SeaSketch mapping tool enabled participatory marine spatial planning processes that are closely tied to the relevant scientific data and information about marine habitats, species, and human uses of the ocean. The SeaSketch mapping tool helps users visualize the geospatial information https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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Initial SeaSketch mapping development was completed in June 2020, and the tool was used for site management area designations development in 2021-2022. In Summer 2022, DLCD proposed to the National Oceanic and Atmospheric Administration (“NOAA”) to amend the Coastal Zone Management (“CZM”) Cooperative Agreement Award to include a contract to enhance and update the Oregon SeaSketch mapping tool for the next round of site designations.

That scope change was approved by NOAA in Summer 2022. DLCD then worked with the UCSB SeaSketch development team to develop a scope of work for improvements to the tool.

The SeaSketch software platform undergoes continual development through engagement with marine spatial planning projects around the world, and when DLCD developed the 2022 scope of work it necessarily included a new task for the migration of the scripts that function as the geospatial reporting mechanism for the system. Work from other regions in the world resulted in the migration of the geoprocessing scripts to a cloud-based data service, a design improvement to facilitate tool function in areas with less technical (computing) capacity. This functionality was an improvement for Oregon users in economically disadvantaged communities, as it reduced the client-side computing demands for using the tool. Additionally, the long-term benefit of this work is that it’s now hosted on an open-source platform, which will not require annual license fees to be paid.

For those reasons, DLCD is issuing this solicitation to contract with a qualified consultant for services to continue to build and improve upon this important tool.

2.4 SCOPE OF WORK

DLCD anticipates the need for various maintenance and technical development services to the Oregon SeaSketch mapping tool, which is an open-source software available at SeaSketch · GitHub (https://github.com/seasketch). Offerors are expected to review the repository, including its code, documentation, and architecture. Offers shall demonstrate an understanding of the system and their ability to maintain, improve or build upon it.

DLCD anticipates a variety of services under this scope of work, including, but not limited to:

1. Troubleshooting and Bug Fixes:

• Responding to user inquiries and reports of issues, including bugs and errors.

• Investigating and resolving software issues, including identifying root causes and implementing fixes.

• Maintaining a system for tracking and managing reported issues, ensuring timely resolutions.

2. Feature Enhancements and Development:

• Implementing new features based on user requests, community feedback, and evolving geospatial needs.

• Collaborating with DLCD to identify and prioritize new features.

• Developing and testing new functionalities while ensuring compatibility with existing https://github.com/seasketch https://github.com/seasketch https://github.com/seasketch

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• Tool enhancements to meet web accessibility standards.

3. Documentation and Training:

• Maintaining and updating documentation, including user manuals, tutorials, and API documentation.

• Creating new documentation to support newly implemented features or functionalities.

• Providing training materials and support to users on how to effectively use the tool.

4. Community Support:

• Monitoring forums and community channels to address user questions, concerns, and feedback.

• Participating in open-source projects to contribute to the overall development of the tool and its ecosystem.

• Collaborating with other developers and maintainers to ensure the long-term health and sustainability of the tool.

5. Technical Support:

• Troubleshooting hardware and software issues related to the geospatial mapping tool.

• Ensuring the tool's continued compatibility with the latest operating systems and browsers.

• Providing technical support to DLCD users who are experiencing difficulties with the tool.

6. Security and Vulnerability Management:

• Identifying and addressing potential security vulnerabilities in the tool.

• Staying up to date with the latest security best practices and threats.

• Implementing security measures to protect the tool and its users from malicious attacks.

The Successful Offeror shall meet the highest standards prevalent in the industry or business most closely involved in providing the Goods and/or Services that the Agency is purchasing under this solicitation.

2.4.1 Expertise of Key Personnel

Offerors shall submit Key Personnel Resume(s) who would be performing the Services under Sample Price Agreement for Services (Attachment A). Key Personnel Resumes shall possess the following knowledge, skills, characteristics, and abilities:

• Ability to work independently to solve technical problems;

• Knowledge of GIS concepts and spatial data formats;

• Minimum 3 years of experience with open-source geospatial data and mapping tool development;

• Minimum 3 years of experience using GitHub;

• Intermediate skills in programming languages Python, JavaScript, R, Shell, and TypeScript;

and

• Excellent communication and collaboration skills.

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2.4.2 Initial Work Order Contract Scope

Offerors shall provide a Technical Response (See Section 3.1.3) to the scope of work provided in this section. Technical Response should include assumptions, proposed schedule, tasks, and deliverables.

Offerors shall provide their solution and plan to integrate an open-source platform for sharing and identifying nature observations to add visualized observations to the SeaSketch mapping tool. The goal of this integration will be to address the need to visualize, promote, and improve engagement in citizen-science data collection efforts.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Offeror must be a registered vendor in OregonBuys.

Furthermore, Offer must demonstrate how Offeror meets all requirements of this section:

3.1.1 Executive Summary

Offerors shall include an Executive Summary that demonstrates at least 5 years of experience with open-source geospatial data and mapping tool development, including services listed in the Scope of Work, Section 2.4.

3.1.2 Key Personnel Resume(s)

Offerors shall submit Key Personnel Resume(s) who would be performing the Services under Sample Price Agreement for Services (Attachment A). Each Key Personnel Resume should include the knowledge, skills, characteristics, and abilities included in Section 2.4.1.

3.1.3 Technical Response

Offerors shall demonstrate their project approach using the initial work order contract scope detailed in Section 2.4.2.

3.1.4 Price Proposal

Offerors shall complete and return Attachment H.

3.1.5 References

Provide two (2) 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 Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

Offeror shall complete the reference information portion of two of the Reference Check Forms (Attachment D) and submit both references with the Offer.

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3.1.6 Administrative Response

Offerors shall submit an Administrative Response that includes the appropriate attachments, including:

• Disclosure Exemption Affidavit (Attachment B) – if applicable submit 1 copy only;

• Offeror Information and Certification Sheet (Attachment C) - required;

• Reference Check Form (Attachment D) – required submit 2 references;

• COBID Certification / Outreach Plan (Attachment E) - if applicable submit 1 copy only; and

• Responsibility Inquiry (Attachment F) – required submit 1 copy only.

Offerors are responsible for determining if an optional attachment is applicable. Offerors are responsible for ensuring all required and applicable attachments are completed in their entirety and that each page of the attachments are included in their Offor.

3.2 MINIMUM SUBMISSION REQUIREMENTS

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

Offer should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Offer. Do not include marketing or advertising material in the Offer, unless requested. Offer should be straightforward and address the requests of the solicitation.

Offer containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.2.1 Offer Submissions

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

• Executive Summary;

• Technical Response;

• Administrative Response;

o Disclosure Exemption Affidavit (Attachment B) – if applicable submit 1 copy only;

o Offeror Information and Certification Sheet (Attachment C);

o Reference Check Form (Attachment D) – submit 2 reference forms;

o COBID Certification / Outreach Plan (Attachment E) - if applicable submit 1 copy only;

o Responsibility Inquiry (Attachment F) – submit 1 copy only;

• Price Proposal (Attachment H); and

• Key Personnel Resume(s).

3.2.2 Offer Format and Quantity

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

Offeror shall submit its Offer and all other submittal requirements using OregonBuys.

Offeror shall submit a copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature.

If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), then Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and Offeror also shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.3 Authorized Representative

Failure of the authorized representative to sign the Offer may subject the Offer to rejection by Agency.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The solicitation and attachments are published in OregonBuys at https://OregonBuys.gov.

Solicitation documents will not be mailed to prospective Offerors.

Modifications, if any, to this solicitation will be published as Bid Amendment(s) in OregonBuys.

Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Bid Amendments have been issued. Bid Amendments are incorporated into the solicitation by this reference.

4.2 PRE-BID CONFERENCE

A pre-bid conference will be held at the date and time listed in the Schedule. Prospective Offerors’ participation in this conference is highly encouraged but not mandatory.

The purpose of the pre-bid conference is to:

• Provide additional description of the project;

• Explain the solicitation process; and

• Answer any questions Offerors may have related to the project or the process.

Statements made at the pre-submittal conference are not binding upon Agency. Offerors may be asked to submit questions in Writing. The pre-bid conference may be recorded and uploaded to OregonBuys.

Interested parties may attend the pre-bid conference using the following:

Microsoft Teams Need help?

https://oregonbuys.gov/ https://aka.ms/JoinTeamsMeeting?omkt=en-US

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Join the meeting now

Meeting ID: 247 209 355 109 1

Passcode: pn6UB6Xx

Dial in by phone

+1 503-446-4951,,872783618# United States, Portland

Find a local number

Phone conference ID: 872 783 618#

For organizers: Meeting options | Reset dial-in PIN

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must be submitted via email to the SPC on identified on the cover page of this solicitation.

4.4 OFFER DELIVERY

Offeror is solely responsible for ensuring its Offer is submitted through OregonBuys in accordance with the solicitation requirements before Bid Opening Date. Agency is not responsible for any transmission errors or delays, or for any mis-delivery for any reason.

Additional information may be found in the OregonBuys Terms of Use.

4.5 OFFER MODIFICATION OR WITHDRAWAL

If an Offeror wishes to make modifications to a submitted Offer, or to withdraw its Offer, it must do so through OregonBuys prior to the solicitation Bid Opening Date.

4.6 OFFER DUE

An Offer (including all required submittal items) must be received in OregonBuys on or before Bid Opening Date. All Offer modifications or withdrawals must be received prior to Bid Opening Date.

An Offer received after Bid Opening Date is considered LATE and will NOT be accepted for evaluation.

4.7 OFFER REJECTION

Agency may reject an Offer for any of the following reasons:

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWM5M2E3ODMtYTc1My00ZjUyLTg0MjQtMzE0Mzk3M2E5NjNl%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22e8d33efe-e9dc-456d-9d31-68135272c683%22%7d tel:+15034464951,,872783618 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=872783618 https://teams.microsoft.com/meetingOptions/?organizerId=e8d33efe-e9dc-456d-9d31-68135272c683&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_NWM5M2E3ODMtYTc1My00ZjUyLTg0MjQtMzE0Mzk3M2E5NjNl@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

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

• Offeror has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

• Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

• Offer is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Bid Amendments.

4.8 EVALUATION PROCESS

4.8.1 Responsiveness and Responsibility determination

4.8.1.1 Responsiveness determination

An Offer received prior to Bid Opening Date will be reviewed to determine if it is Responsive to all solicitation requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non- Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.8.1.2 Responsibility determination

Agency will determine if an apparent successful Offeror is Responsible prior to award and execution of the Price Agreement. Offerors shall submit a signed Responsibility Inquiry form (Attachment F) with Offer.

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

4.8.2 Evaluation Criteria

Each Offer 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 up to the maximum points available in the Point and Score Calculation section.

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

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Scores will be assigned by each Evaluation Committee member using the guidance provided in the table below.

SCORE EXPLANATION

100 OUTSTANDING – Response addresses all prompts and requirements, with no deficiencies or weaknesses in the Vendor’s Offer response.

90 EXCELLENT – Response contains many strengths and only minor weaknesses.

80 VERY GOOD – Response contains a few minor weaknesses.

70 GOOD – Response contains some minor weaknesses

60 SATISFACTORY – Response contains some strengths, but with some moderate weaknesses.

50 FAIR – Response contains some strengths, but with several moderate weaknesses.

40 UNSATISFACTORY – Response contains a few strengths but contains some major weaknesses.

30 WEAK – Response contains one or two strengths but contains major weaknesses.

20 POOR – Response contains one or no strengths and contains many major weaknesses.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the Solicitation. Vendor has not demonstrated knowledge of the subject matter.

0 NO RESPONSE – Vendor did not address the Offer submittal prompt in question.

4.8.2.1 Executive Summary (10 Points Possible)

• How well does the Offer demonstrate the Offeror’s 5 years of experience?

• How well does the Offer demonstrate the Offeror’s contributions and projects relevant to the Scope of Work?

4.8.2.2 Key Personnel (40 Points Possible)

• How well do(es) the Key Personnel Resume(s) demonstrate the qualifications of the personnel that would be performing the Services to

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o Programming languages Python, Javascript, R, Shell, and TypeScript; and o Experience using the SeaSketch Geoprocessing github.

• How well do(es) the Key Personnel Resume(s) demonstrate the experience of the personnel that would be performing the Services to meet the needs of the Scope of Work?

4.8.2.3 Technical Response (40 Points Possible)

• Does the plan to integrate demonstrate the Offeror’s ability to anticipate through assumptions and regular check-ins with the project team to ensure project success?

• How well does the plan demonstrate Offeror’s understanding of SeaSketch and the way the integration will effect and improve SeaSketch for data collection efforts?

• How well does the report enhancement plan demonstrate the Offeror’s skill and knowledge of the SeaSketch platform?

• Does the technical response demonstrate the Offeror's extensive knowledge of SeaSketch and how DLCD uses it?

4.8.3 PRICE EVALUATION (10 Points Possible)

Offeror shall complete the Price Proposal (Attachment H). The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Offeror’s price using the following formula:

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

4.8.4 PREFERENCES

4.8.4.1 Reciprocal Preference

For evaluation purposes per ORS 279A.120(2)(b), Agency shall add a percent increase to each out-of-state Offeror's Offer price that is equal to the percent preference, if any, given to a Resident Offeror in the Offeror's state.

4.8.4.2 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror offers Goods manufactured with Recycled Materials, and at least one Offeror does not, Agency will select the Offeror offering 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.

https://www.oregon.gov/das/Procurement/Pages/Recippref.aspx

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4.8.4.3 Tiebreakers

Oregon Supplies: If Agency receives Offers identical in price, fitness, availability and quality and chooses to award a Price Agreement, Agency shall award the Price Agreement in accordance with the procedures outlined in OAR 137-046-0300.

4.9 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE 100

4.8.2.1 Executive Summary 10

4.8.2.2 Key Personnel 40

4.8.2.2 Technical Response 40

4.8.3 PRICE POINTS POSSIBLE 10

Scores are the values (0 through 100) assigned by each evaluator.

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

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. 10=10%, 50=50%, 72=72%, 90=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Offeror A receives scores of 100, 90, and 95 for criterion worth 50 points. The SPC averages 100, 90, and 95 for a score of 95 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Offeror A’s points for the criterion is 47.5. Scores will be rounded to the first decimal.

4.10 RANKING OF OFFERORS

The SPC will average the scores for each Offer 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 Offer with Offeror’s price score.

After any applicable preference has been applied, the SPC will determine the rank of each Offer, 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 Offeror with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Offerors at the conclusion of each subsequent round and may determine an apparent successful Offeror at any time during the solicitation process.

4.11 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:

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• Interviews

• Offeror meetings with the State’s Enterprise Information Services

Cybersecurity Office

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Offers

• Serial or simultaneous negotiations

• Best and Final Offers

4.11.1 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 Offerors 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 Offerors 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.

4.12 SCORING AND RANKING OF OFFERORS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Offerors participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Offeror with the highest score from the final round will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Price Agreement, shall award a Price Agreement to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope defined in this solicitation.

5.1.2 Intent to Award Notice

Agency will notify all Offerors in Writing that Agency intends to award a Price Agreement to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

5.2 APPARENT SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

Offeror who is selected for a Price Agreement award under this solicitation will be required to submit additional information and comply with the following:

5.2.1 Insurance

Prior to award, Offeror shall secure and demonstrate to Agency proof of insurance as required in this solicitation or as negotiated. Insurance Requirements are found in Section

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21 of Attachment A.

5.2.2 Taxpayer Identification Number

Offeror shall provide its Taxpayer Identification Number 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 Offeror has changed since the last submitted W-9 form, if any.

5.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.2.4 Responsibility Inquiry

Prior to award, Offeror shall be required to complete and submit Attachment F — Responsibility Inquiry.

[If Agency is requesting Responsibility Inquiry forms from all Offerors, this section should be moved to Offer Content Requirements.]

5.2.5 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Offeror employs 50 or more full-time workers, Offeror shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Offeror by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

ORS 279B.110(2)(f) requires that Offeror provide this prior to execution of the Price Agreement.

5.2.6 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this solicitation, Offeror must certify by their Signature on Attachment C - Offeror 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.2.7 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf

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Commencing on January 1, 2019, Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.3 PRICE AGREEMENT NEGOTIATION

5.3.1 Negotiation

After selection of a successful Offeror, Agency may enter into Price Agreement negotiations with the successful Offeror. By submitting an Offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Price Agreement (Attachment A), with the exception of those terms listed below for negotiation.

Offeror shall review the attached Sample Price Agreement and note exceptions.

Offeror must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Offeror substantially in the form set forth in Sample Price Agreement (Attachment A).

It may be possible to negotiate some provisions of the final Price Agreement; however, Agency is not required to make any changes and many provisions cannot be changed.

Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Offer.

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

Agency is willing to negotiate ONLY the Statement of Work and the following terms and conditions:

• Term;

• Exhibit B: Description of Services; Pricing; and

• Key Personnel.

In the event that the parties have not reached mutually agreeable terms within 14 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror.

SECTION 6: ADDITIONAL INFORMATION

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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 Offers 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://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

If the Price Agreement has potential subcontracting opportunities, the successful Offeror may be required to complete and submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to Price Agreement execution.

6.3 GOVERNING LAWS AND REGULATIONS

This solicitation is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this solicitation, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Offers submitted in response to this solicitation become the Property of Agency. By submitting a Offer in response to this solicitation, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating a Price Agreement, if awarded to Offeror, or as otherwise needed to administer the solicitation process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Offers, including supporting materials, will not be returned to Offeror unless the Offer is submitted late.

6.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFER; NO DAMAGES.

https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

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Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

6.6 COST OF SUBMITTING A OFFER

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

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.8 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Price Agreement. (ORS 279B.025)

6.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror is solely responsible for reviewing and understanding the solicitation and complying with all the requirements of this solicitation, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Offeror based upon, resulting from, or related to, Offeror’s failure to comprehend all requirements of this solicitation.

https://www.oregon.gov/das