234127 RFP v1.pdf

Urban Renewal Agency

Solar Powered Solid Waste

Compacting and

Non-Compacting Trash

Receptacles

RFP NUMBER: 234127

CLOSING DATE: April 26, 2024 AT 4:00 PM (LOCAL TIME)

Page 1 Request for Proposal

REQUEST FOR PROPOSALS (RFP) NUMBER: 234127

Solar Powered Solid Waste Compacting and Non-Compacting Trash Receptacles

INTRODUCTION

The Urban Renewal Agency of the City of Salem, hereinafter referred to as “Agency”, is seeking proposals from firms to provide and install solar powered solid waste compacting and non-compacting trash receptacle units with associated sensor alerts to detect fullness and machine status for use in the historic downtown business district.

Proposals will be received until, but not after 4:00 PM (local time), April 26, 2024.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The Agency strongly recommends that you give yourself sufficient time and at least ONE (1) day before the closing date and time to begin the uploading process and to finalize your submission. The Agency accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each Proposal is instantly sealed and will only be visible to the Agency after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

Supported web browsers: Chrome, Firefox, Safari, and Vivaldi.

Need Help?

Please contact Equity Hub at help@equityhub.us or (267) 225-1407 for technical questions related to your submission.

The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

Prospective proposers may obtain these solicitation documents by registering on the OregonBuys website and downloading them. Proposers shall consult the OregonBuys system regularly until closing date and time to avoid missing any notices. To register on OregonBuys go to https://oregonbuys.gov. The Agency shall advertise all Addenda on OregonBuys. Prospective proposers are solely responsible for checking OregonBuys to determine whether or not any

Addenda have been issued. RFP documents will not be mailed to prospective proposers.

https://bidlocker.us/a/salem_or/BidLocker mailto:help@equityhub.us https://bidlocker.us/files/Vendor%20Guide%20-%20Bid%20Locker%20Base.pdf https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/bso/view/login/login.xhtml https://oregonbuys.gov/ https://oregonbuys.gov/bso/view/login/login.xhtml

Page 2 Request for Proposal

Any objections to or comments upon the RFP specifications must be submitted in writing to the office of the Contracts and Procurement Manager, by email sself@cityofsalem.net.

They must be received no later than April 15, 2024 at 5:00 PM (local time).

Proposals received will be held confidential until a recommendation for award has been approved by the Department Director. Thereafter, all Proposals will be available for public inspection by submitting a Public Records Request through the City Recorders Office Public Records Request |

Salem, Oregon (cityofsalem.net).

The Agency will be the sole judge in determining award of Agreement and reserves the right to reject all Proposals.

Human Rights: It is the express policy of the Agency that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. The Agency’s complete

Title VI Plan may be viewed at Equity & Accessibility | Salem, Oregon (cityofsalem.net). Proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules, and regulations if awarded an agreement by the Agency.

Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful proposer of the successful proposer’s obligations under this Agreement and the Salem Revised Code Chapter

97, Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws.

The Agency is an Equal Employment Opportunity employer.

Questions regarding the Agency’s RFP process may be addressed to Shawna Self, CPPB, Contracts and Procurement Manager, who may be reached at (503) 588-6445 or by email at sself@cityofsalem.net during City business hours.

The City operates and maintains Americans with Disabilities Act compliant facilities.

Reasonable accommodations are available upon request.

Shawna Self, CPPB, Manager

Contracts and Procurement

FIRST DATE OF SOLICITATION: April 2, 2024

REQUEST FOR PROPOSAL NUMBER: 234127

REQUEST FOR PROPOSAL CLOSING: April 26, 2024 at 4:00 PM (Local Time) mailto:sself@cityofsalem.net https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/public-records-request https://www.cityofsalem.net/government/equity-accessibility

Page 3 Request for Proposal

RFP # 234127

Solar Powered Solid Waste Compacting and Non-Compacting Trash Receptacles

The City of Salem (“City”) is a municipal corporation serving a community with a population of approximately 177,600. It is the capital of the State of Oregon and the county seat of Marion

County. The City has a Council-Manager form of government with an elected mayor and council.

The City has approximately 1,300 employees and nine operating departments (listed below).

City Manager Legal

Community Services Community Planning and Development

Enterprise Services Police

Fire Public Works

Finance

SECTION 1: BACKGROUND

The Urban Renewal Agency of the City of Salem is taking action to respond to climate change with a Climate Action Plan (CAP) that outlines strategies and actions to reduce Greenhouse Gas

(GHG) emissions and increase climate resiliency in our community. The downtown historic district is unique as it is experiencing a commercial and residential population resurgence. The development pipeline projects a steady increase in growth in the upcoming years. The

Environmental Protection Agency (EPA) reports on average every person produces approximately

4.4 pounds of waste each day. It is estimated that thousands of pounds of waste are being generated and disposed in the historic district on any given day. Currently, there are several outdoor waste receptacles in disrepair, trash in several high foot traffic corridors are often overflowing resulting in unsanitary conditions, and the trash removal cost is anticipated to increase.

In order to combat the increase in waste production, overflowing receptacles and the need to reduce pick up with large trucks that generate GHG, the Agency proposes to replace existing trash containers with a combination of 8 compactor and 7 non-compaction solar battery receptacles.

The goal is threefold: (1) provide an environment for the collection of greater volumes of trash while decreasing litter on sidewalks/streets (2) reduce odor from open air receptacles and (3) electronically monitor usage to reduce the need for pick-ups of garbage, reducing the amount of greenhouse gases released by garbage trucks. In addition, less frequent pick-ups save money on maintenance, labor, fuel, and tipping fees for trash collection.

SECTION 2: SCOPE OF REQUESTED SERVICES

The Agency seeks a Proposer to provide fully enclosed trash receptacles designed to eliminate trash overflow, hide unsightly trash, controls pests and reduces litter. The Agency is seeking proposals to purchase eight (8) 32-gallon high-capacity solar compacting waste receptacles and seven (7) 32-gallon high-capacity non-compacting waste receptacle, both with remote monitoring software platform. These units will be installed outdoors in strategic locations in the Downtown

Urban Renewal Area. The Agency will initially purchase a minimum of three (3) compaction and three (3) noncompaction solar powered receptacles and have the option to purchase up to five (5) additional solar powered compacting trash receptacles and four (4) noncompacting. Each of the

Page 4 Request for Proposal solar trash compactors will have a capacity of 32 gallons of compacted garbage, typically equivalent to 160 gallons of uncompacted garbage depending on the type of refuse. The Agency expects that the price for the units will be prorated based upon the anticipated total purchase.

The selected Proposer will be responsible for removal of all existing trash containers and installing the solar compacting trash stations, including but not limited to, anchoring hardware. The selected

Proposer will provide all parts required for installation and hardware required for operating and monitoring all solar trash compacting stations. The selected Proposer shall work with Agency’s contractor for any installation that requires concrete pads or trades work.

The Agency will have the option of wrapping the receptacles with art to be provided by the City.

The selected Proposer will provide three days of onsite training for all associated software, communication devices and proper operation, maintenance and monitoring of the receptacles.

Oversight of installation and onsite training is to be provided by selected Proposer’s personnel knowledgeable in the product.

Work must be completed by July 31, 2024.

General Specification for Trash Receptacles:

Price Proposals are to be based on the proposer’s price per unit.

There will be two different unit types:

1. Unit Type –High capacity, solar powered compactor

2. Unit Type – Standard capacity non compactor, with monitoring technology

A. Single station solar powered trash receptacles

1. Overall Machine Dimensions

a) Single station handle heights must conform to the Americans with Disabilities

Act (ADA) standards for accessible design.

b) Single weight: 600 lbs. maximum

c) Single hopper opening: 6" x 12" minimum - forward face opening with both hopper and foot pedal opening.

d) Single bin volume: 32 gallons (121 L) minimum.

e) Dimension must allow for the use of the Agency’s automated 32–35 gallon carts to be inserted inside the trash receptacle for easy removal and dumping with trucks and equipment.

f) Single liner bag: The liner bags must be compatible with the 35-gallon size can being installed.

g) Side panels for wrapping shall occupy no less than 75% of the surface area of the side.

h) Foot Pedal - to allow for an alternative way to utilize station for litter disposal

2. Materials

a) Restriction of Hazardous Substances (RoHS) compliant

b) Galvanized steel interior and exterior construction or approved equal.

Page 5 Request for Proposal

c) Heavy duty side panels for dent and scratch resistance or approved equal.

d) Exterior Finish: polyester triglycidyl isocyanurate (TGIC) powder-coat finishes for outdoor and intense weather durability or approved equal

e) Interior Bin: leak-proof construction made of low-density polyethylene plastic or approved equal.

3. Compaction Features - Selected Proposer shall provide all compaction-operating features and any appropriate safety features during compaction process when being used. Provide a minimum, parts and labor, warranty of two (2) years.

4. Power & Electronics

a) Solar Power (energy)

b) Cordless, self-powered unit requires no wiring.

c) Conformite Europeene (CE) approved - product has passed the appropriate quality assurance tests.

d) Spill-proof, sealed maintenance-free low-voltage system (12 Volts)

e) Wi-Fi Capability

5. Safety Features

a) Lockable front waste removal door

b) Keyed service access

c) Single fault-tolerant design for hopper insertion door prevents access to compaction area.

d) Fully interlocked access doors to protect users and service personnel.

e) Foot pedal and associated mechanisms

f) Cycle time for compaction (Single): 41 seconds or less (users cannot deposit waste during cycle)

g) Lockable doors/security panel - Shall provide the ability to restrict usage of the can.

The restriction device can be one that is installed manually or use restriction can be set remotely by wireless capability.

h) Comply will all applicable Federal, State, and local laws governing safety, health, and sanitation. Shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines.

i) Must comply with the foregoing standards and perform at or better than: System

Uptime is 98%: the system will be up 98% of the time over any calendar year.

j) Any other additional safety features that are not listed

6. Conforms to the current Americans with Disabilities Act standards, including AA accessibility criteria of the Web Content Accessibility Guidelines (WCAG).

7. Vendor Response Times

a) Resolution times for any technical/mechanical/physical/software issues with the single station is two (2) business days: Within two (2) business days of acknowledging the

Agency’s issues/concerns, selected Proposer must resolve the issue or provide a written solution, acceptable to the Agency, in order to resolve the issue/concern.

Page 6 Request for Proposal

b) Response time(s): Selected Proposer must provide an electronic response to all communication(s) from the Agency within one (1) business day.

c) If selected Proposer is not able to resolve the issue within the two (2) business days, the selected Proposer shall provide written documentation detailing the problem/issues, needed steps to resolve the issue and a defined timeline to resolve the issue. Timeline must be acceptable to the Agency.

8. Training

a) The selected Proposer shall provide the Agency staff and relevant service vendors all necessary training for both installation and maintenance of the solar trash compactor stations.

b) The selected Proposer shall provide the Agency staff and relevant service vendors all necessary training needed to properly use the software and management console.

c) The selected Proposer shall provide onsite instruction to begin on the date mutually agreed upon with the Agency. Training shall consist of in-office and field training to ensure administrative staff can utilize the software and field staff is able to operate/maintain/clean/detect problems of the actual device.

d) Training shall take place at a to-be-determined location in the Agency.

9. Annual Maintenance

As an optional service to this RFP, the selected Proposal shall provide annual maintenance plan. At a minimum, the following items shall be accessed for proper operation, cleaning, adjustment, repair or replacement if needed:

a) Batteries

b) Solar Bubble Gaskets

c) Compactor Front Door Lock

d) Ram Sensor Board & Cable

e) All Trash Level Sensors

f) All Trash Sensors

g) Emitter

h) Wiring Harness

i) Hopper Skin

j) Hopper Handle

k) Foot Pedal

l) Body

m) Sim Card

n) Blades

o) Door locks

p) All other technical/mechanical parts, including, body that allow the can to operate correctly and efficiently.

10. Software

a) The selected Proposer shall provide web-based access to the Agency to monitor all trash can fullness levels, compile various reports and data to deploy collection

Page 7 Request for Proposal vehicle(s), track can history and efficiencies gained or lost. The software will allow the stations to send information regarding the status of each individual station wirelessly.

1) Monitoring software system shall have the ability to track bin locations, monitor fill levels, optimize collection routes, check battery levels in real time and provide data analytics reports. System must allow remote monitoring of the units for alerts, inventory, updates and maintenance purposes. This information will be accessible by the Agency via any web enabled computer.

b) In addition, the software must meet the following minimum performance specification:

1) The selected Proposer must provide copies of any such licenses.

2) The selected Proposer remains responsible for the professional and technical accuracy of all software/data services.

3) The selected Proposer must provide a point of contact for any issues the Agency may incur with the software.

c) System/Equipment Upgrade: Any upgrades will be implemented for the duration of this contract at no additional charge to the Agency.

1) Four (4) year software package, with minimum of 2 years software support.

2) The software license provides wireless data connectivity, device software updates and management console.

3) Web based or Cloud based software access.

4) Smart Sensor Technology - Fully automated, IC processor controlled system senses trash level, fullness and machine status

5) Indicator status showing compacted waste level, machine status and error codes.

6) GPRS wireless data radio for online monitoring and management system

7) Wi-Fi Hotspot capability (optional).

8) Collection History

9) Remote settings management

10) Maintenance alerts

11) Cyber Security Requirements:

i. The selected Proposer shall provide their cyber security methodology and or cyber security plan to include:

1. Data Storage

2. Security Testing Plan

3. DDos Attack prevention

4. Web hosting

5. Identity verification

6. Email notification of Cyber incidents within 24 hours of determination to City

7. Cyber remediation management of cyber incidents

8. Wi-Fi/Hotspot filtering

9. Data Encryption at rest and in transit

Page 8 Request for Proposal

10. Password/Login requirements: Customer Generated Pen and

Vulnerability Testing

11. Patch and System Management and pre-Install testing

12) Post Contract Disposal and or Agency transfer of Data

i. The selected Proposer shall provide their incident notification policy and detail the process to include notification within 24 hours of any security issue:

1. Breach

2. Data Modification

3. Forensics to include: Account Logs, IP Addresses & Security

Vulnerability

4. Failed Logins

5. Theft of hardware that might have Agency data

6. Insider Threat

7. End users must not be limited to using legacy versions of products such as Java, Flash, or Silverlight when connecting to and using the application. Discuss the process designed to ensure that only updated versions of the aforementioned software are used in conjunction with the application. Include timelines associated with any application upgrades, if applicable.

8. Passwords must be case sensitive and include numbers, letters and characters. State your ability to meet theses parameters.

9. The system is to be browser agnostic and supporting current, modem browser versions throughout the life of the contract. State your ability to meet these parameters.

10. The Agency shall conduct audits at any time to include pen testing of the website and vulnerability scanning.

11. The selected Proposer shall be responsible for the security of:

a. All data that is generated by the selected Proposer on behalf of the Agency.

b. Agency data transmitted by the selected Proposer.

c. Agency data otherwise stored or processed by the selected

Proposer regardless of who owns or controls the underlying systems while that data is under the contractor's control.

d. The selected Proposer shall ensure that source code is protected from unauthorized access or dissemination.

e. Assignment/Subcontracting: Neither party shall have the right to assign or subcontract any of its obligations or duties under this agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. In the event that the solution provider goes out of business or files for bankruptcy, the selected Proposer will provide a transitioning plan within 180 days’ notice of the intent to the

Agency. In addition, the contracted party will release all assets pertaining to the hosted or integrated solution to the Agency without delay and support the Agency in migrating the platform

Page 9 Request for Proposal to a sub-contractor or similar service or solutions provider. The

Agency will retain full services of the current solution provider subject matter experts during the transitions with no additional costs until the migration is finalized.

11. Intellectual Property: All data pertaining to the Urban Renewal Agency of the City of Salem shall remain the property of the Urban Renewal Agency of the City of Salem.

12. Options:

a) GPS assisted location services

b) Camera

c) Digital video panel display

d) Any other additional optional features.

e) Service Pack Extended Coverage - Monthly (Single Station)

f) Single Station Wrap (Regular Laminate & Anti-Graffiti)

g) Spare Parts Kit

h) Wifi Hotspot

INSTALLATION / REMOVAL OF EXISTING LITTER CONTAINERS

a. The installation of the solar compactors and removal of existing litter containers shall be in accordance with the locations as identified by the Agency. Exact locations shall be field approved by the Project Manager prior to installation and removal.

b. The selected Proposer shall coordinate with the Agency’s designated Project Manager for the pick-up and receipt of the solar compactor.

c. Solar compactors shall be installed level and plumb on the concrete sidewalk, with approved expansion bolts by the Agency’s contractor with oversight by the selected

Proposer.

d. Install each solar compactor according to the manufacturer's installation instructions.

e. Install each solar compactor in conformance to applicable ADA guidelines and End User's established accessibility policies.

f. The removed existing public litter containers shall be returned to the City Public Works

Center.

g. The Agency is entitled to change, cancel, or revoke the approval of any location specified previously approved for the installation of a trash and or recycling unit by giving the selected Proposer written notice of the change, cancellation or revocation. The decision of the Agency in this regard shall be final. In the event that a location is changed, canceled or revoked, the Agency shall provide an alternate location acceptable to the Agency.

Page 10 Request for Proposal

h. The selected Proposer shall supply and install, at its sole cost and expense, the trash stations at the Agency’s selected locations and within the time frames or at such other locations designated by the Agency.

i. The selected Proposer shall ensure that each trash unit shall be installed and maintained so as not to create any hazards to utilities or other concerns of the Agency. The selected

Proposer shall ensure the safety and unimpeded movement of pedestrians and the safe movement of vehicles. The trash stations shall be placed in such a manner so that it has direct access to the sun, as not to obscure vehicular signs or bus stops, and shall comply with all standards, laws, ordinances and regulation prescribed by the City of Salem or any other relevant governmental authority.

j. The selected Proposer shall provide an installation and removal schedule for the trash station locations identified and provided by the Agency. The schedule should include timeframes for any locations requiring concrete pad installations to allow Agency to schedule their Contractor of Record, location changes, and any possible/known set back(s) that traditionally accompany such installations with details of any projected issues.

TRAINING SPECIFICATIONS

• The selected Proposer will provide the Agency’s personnel and service contractors all necessary training for both installation and maintenance of the solar powered trash compactor stations.

• The selected Proposer will provide the Agency’s personnel and service contractors all necessary training needed to properly use the software and management console.

• The selected Proposer will provide two (2) full business days of onsite instructions to begin on the date mutually agreed upon with the Solid Waste Management.

• Training will take place at an Agency location.

Page 11 Request for Proposal

SECTION 3: PROPOSAL SUBMITTAL REQUIREMENTS

Organization of the Proposal

Proposers must organize and present their proposal materials in the same order as presented below, and include page numbers. Proposals received without following this format, or received after the deadline and stated place of delivery, may be rejected as non-responsive.

A. Cover Letter: Shall introduce the Proposer and establish interest in providing compacting trash receptacles and indicate the proposer’s understanding and compliance of the services as specified in the Section 2, Scope of Requested Services, to be performed and the approach to provide these services to meet the needs of the

Agency. Signatory of this letter shall be authorized to contractually bind you to a contract with the Agency. Include your company name, address, phone number, contact name, and email address.

B. Experience and Professional History: Describe when the firm was founded and provide a professional history of the firm and its principals. Indicate how many years of experience Proposer has in the development and construction of compacting trash receptacles.

C. Operating System Requirements: What are the minimum browser, hardware, and operating system that is required to access/run the monitoring/management solution?

D. Equipment and Support: Provide trash enclosure and compactor construction drawings and/or pictures, unique design or safety feature information. Describe procedures is place that provide assurances that compacting trash receptacles will meet the needs of the intended use for Salem’s downtown business district. Describe support that is provided included Service Level Agreements, support pathways (email, phone, portal) and support availability. Notification timelines for all upgrades or major software updates to the solution. Describe experience with product maintenance in the geographic region.

E. Fee Proposal: Price proposals are to be based on the Proposer’s price per unit based on the anticipated total purchase inclusive of training, removal of existing cans and oversight of installation.

F. References: Provide a list of at least four (4) current or past customer references that your firm provided products and services closely related to those described in Section

2: Scope of Requested Services including company name, address, contact name, phone number and current email address.

Page 12 Request for Proposal

SECTION 4 PROPOSAL EVALUATION CRITERIA AND SELECTION PROCESS

4.1 Evaluation Criteria

Although cost of services is important, the Agency will not necessarily select the lowest cost proposal for the award. The Agency reserves the right to award a contract based on initial proposal submittals or, at the sole discretion of the Agency, to conduct interviews with any or all of the proposers. Any interviews shall be held for the purpose of clarity of proposals and will not be scored. However, the Proposal Selection Committee members may use the interview process as an opportunity to adjust their original proposal scores to reflect any additional understanding of proposals that they derived from the interviews. In addition to submitted proposal information, the Agency reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award.

The Agency will not pay for any costs incurred by proposer in responding to this RFP to include costs to the proposer to conduct interviews and presentations.

The evaluation criteria to be used for this RFP are summarized below:

A. Cover Letter (Pass/Fail). Failure to provide all the information requested in 3.A will result in a Fail. Your proposal would be considered non-responsive and would not be considered for further evaluation.

B. Experience and Professional History. 15 points out of 100 points may be awarded for Experience and Professional History.

C. Operating System Requirements. 15 points out of 100 points may be awarded for Operating System Requirements.

D. Equipment and Support. 25 points out of 100 points may be awarded for

Equipment and Support.

E. Fee Proposal. 30 points out of 100 points may be awarded for Fee Proposal.

Points will be based on a comparison ratio between proposals received. Score

= lowest proposed fee / proposed fee * 30 points. Please be sure your pricing proposal is as detailed as possible.

F. References. 15 points out of 100 points may be awarded for References.

Note: Additional references may be sought out by the evaluation committee to include, but not limited to, Agency staff and other governmental agencies.

Proposer must list at least four (4) references. References will be evaluated based on the similarity of work completed to the work required based on this RFP as well as the reference’s evaluation of the quality of the work performed. An outstanding

Page 13 Request for Proposal recommendation for less relevant work products may not score as well as a positive recommendation on directly related work.

Evaluation Criteria Maximum Points

Cover letter Pass/Fail

Experience and Professional History 15

Operating System Requirements 15

Equipment and Support 25

Fee Proposal 30

References 15

Total Maximum Points Possible 100

4.2 Selection Process

A RFP Selection Committee will be appointed by the City to evaluate and rank all qualifying proposals received by the closing date. In addition to submitted proposal information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award. If no acceptable arrangements can be made, negotiations with the next highest ranked proposer will occur.

The successful proposer will be required to complete an Agreement in the form of a

Personal Services Agreement (sample included in Appendix A), which will incorporate this RFP and proposer’s response as a part of the Agreement.

Page 14 Request for Proposal

SECTION 5: INFORMATION AND INSTRUCTIONS TO PROPOSERS

This section contains administrative and procedural information and instructions for preparation and submittal of the proposal. Note: This RFP process offers several opportunities for prospective proposers to submit formal protests. Filing a protest with the

City requires submitting $500.00 with the formal written protest. Prospective proposers and proposers wishing to submit objections to or comments on RFP specifications of a non-protest nature, must submit them in writing to the office of the Contracts &

Procurement, by email sself@cityofsalem.net. They must be received no later than April

15, 2024, at 5:00 PM (local time). There is no fee for filing objections to or comments on

RFP specifications of this non-protest nature.

5.1 Anticipated Schedule (subject to change)

April 2, 2024 .................................................................................. Begin RFP Solicitation

April 15, 2024 at 5:00 PM (local time) ................................ Questions/Clarifications Due

April 26, 2024 at 4:00 PM (local time) ................................................. RFP Closing Date

May 2024 ............................................................... Notice of Intent to Award Agreement

May / June 2024 ...................................................... Agreement Award (Anticipated Date)

June 2024 ............................................................................................... Notice to Proceed

5.2 Qualification Requirements

Each proposer shall respond to the proposal requirements as presented in Section 3, Proposal Submittal Requirements, of this RFP. Proposals received without the required information may be rejected as being non-responsive.

The City shall have the right to disqualify any proposal as a result of the information gathered in its research.

5.3 Pre-Proposal Interpretation of RFP and Requested Changes

Technical questions relating to the requirement and scope of services of this RFP and/or the RFP process should be directed in writing to the Contracts and Procurement Manager, Contracts and Procurement, by email: sself@cityofsalem.net.

Any clarification or interpretation of the proposal documents will be made only by written notification. The City is not responsible for any explanation, clarification, or interpretation given in any manner except by written notification.

Any person who contemplates submitting a proposal in response to this RFP and who wishes to have the City consider a change in any part of this RFP shall submit to the

Contracts and Procurement Manager of the City of Salem a written request for a change or substitution no later than 5:00 PM (local time), April 15, 2024. The request shall include the proposed change and the reason for the change. Protest against award based on the scope of services or other content of this RFP will not be considered after this time.

Changes to this RFP document shall only be by written addenda.

Page 15 Request for Proposal

A copy of any written clarification, interpretation and addendum will be posted on

OregonBuys.

5.4 Protest of Solicitation Document and the Procurement Process

A prospective proposer may protest the procurement process or the solicitation document for an Agreement. A prospective proposer must deliver a written protest to the Contracts and Procurement Manager (email: sself@cityofsalem.net) no later than 5:00 PM (local time), April 15, 2024. The prospective proposers shall indicate the reasons for the disagreement through a written protest and shall include a statement of the desired changes to the procurement process or the solicitation document that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.5 Execution of the Proposal

The proposal shall be executed in the name of the proposer followed by the signature of the officer authorized to sign for the printed or typewritten designation of the office held.

If the proposal is made by a partnership, it shall be executed in the name of the partnership followed by the signature of an authorized partner.

If the proposal is made by a Limited Liability Company (LLC), it shall be executed in the name of the LLC followed by the signature of the authorized member(s) or manager(s) authorized to sign for the LLC and the printed or typewritten designation of the office held in the LLC.

If the proposal is made by a corporation, it shall be executed in the name of the corporation followed by the signature of the officer authorized to sign for the corporation and the printed or typewritten designation of the office they hold in the corporation.

If the proposal is made by a joint venture, it shall be executed by each participant of the joint venture.

5.6 Submission of Proposal

Proposals will be received until, but not after 4:00 PM (local time), April 26, 2024.

Completed proposals must arrive electronically via Equity Hub’s Bid Locker at https://bidlocker.us/a/salem_or/BidLocker. The City will not accept proposals submitted in any other manner.

NO LATE PROPOSALS WILL BE ACCEPTED.

Your proposal must be uploaded prior to the Closing Date and Time. The City strongly recommends that you give yourself sufficient time and at least ONE (1) day before the https://oregonbuys.gov/bso/view/login/login.xhtml https://bidlocker.us/a/salem_or/BidLocker

Page 16 Request for Proposal closing date and time to begin the uploading process and to finalize your submission. The

City accepts no responsibility for non-receipt and/or delays in receipt caused by transmission and reception problems, equipment failure, or any other similar cause. Each

Proposal is instantly sealed and will only be visible to the City after the closing date and time. Uploading large documents may take significant time, depending on the size of the file(s) and your internet connection speed. You will receive an email confirmation receipt once you finalize your submission.

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The Vendor Guide for Bid Locker can be found at Vendor Guide for Bid Locker.

5.7 Response Date

Delivery in the manner stated herein and completeness of submittals as required by this

RFP shall be solely the responsibility of the proposer(s). Submission of proposals or additional information offered after the closing date and time shall not be accepted or considered.

5.8 Withdrawal of Proposal

Proposer(s) may withdraw their proposal, by written notice submitted on the proposer's letterhead, signed by the proposer's authorized representative, delivered to the Contracts and Procurement Office by email at contracts@cityofsalem.net. To be effective, the withdrawal must be received prior to closing date and time. The proposer shall mark a written request to withdraw its proposal as follows: “Proposal Withdrawal - RFP #234127.”

5.9 Notice to Proceed

The successful proposer(s) may be given ten (10) calendar days to execute the Agreement and return it to the City. Contractual work may not begin until the notice to proceed has been issued. The notice to proceed will be issued after execution of the Agreements by the

City. The notice to proceed will authorize commencement of the work based on the

Agreement.

5.10 Rights of City to Award or Reject Proposals

This RFP does not commit the City to award or enter into an Agreement. Under no circumstances will the City pay the costs incurred in the preparation of a response to this

RFP. The City reserves the right to:

• Accept or reject any or all proposals or any portion thereof received as a result of this

RFP.

• Negotiate with any proposer(s).

mailto:help@equityhub.us https://bidlocker.us/files/Vendor%20Guide%20-%20Bid%20Locker%20Base.pdf

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• Accept a proposal and subsequent offers for Agreement from other than the lowest cost proposed.

• Waive any immaterial defects and irregularities in proposals and to waive or modify any irregularities in proposals received, after prior notification to the proposer(s).

• In determining the most responsive proposer, take into consideration any or all information supplied by the proposer in the proposal and the City’s investigation into the experience of the proposer. In addition, the City may accept or reject proposals based on minor variations from the stated scope of services and when such action is deemed to be in the City’s best interest.

• Negotiate a final scope and price with the selected proposer that may differ in some respects from this RFP.

• To seek clarifications of each proposal.

• If proposer chooses to participate in negotiations, they may be asked to submit additional information, or other revisions to their proposal as may be required.

• Consider proposal modifications received at any time before the award is made, if such action is in the best interest of the City.

• To negotiate a final Agreement that is in the best interest of the City.

5.11 Contract Administrator

The Contract Administrator is Shelly Ehenger, Program Manager III. All questions relating to the RFP process should be directed in writing to Shawna Self, CPPB, Contracts and

Procurement Manager, by email to: sself@cityofsalem.net.

5.12 Economy of Proposal Preparation

Proposals should be prepared simply and economically, by providing a straightforward, concise description of the proposer’s capabilities related to specified elements units or services. Proposals should not include any information not specifically identified or specified as a required response.

5.13 Addenda

In the event that it becomes necessary to revise any part of this RFP, an addendum will be posted on OregonBuys. Prospective proposers are solely responsible for checking

OregonBuys to determine whether or not any addenda have been issued. The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner except by addenda. Addenda, if necessary, will be issued not later than five (5)

City business days prior to the RFP closing date. Addenda shall be signed by the same individual that signs the proposal and SHALL BE SUBMITTED with the proposal.

Proposals received without properly signed addenda may be considered non-responsive.

5.14 Protests of Addenda

A prospective proposer may submit a written protest to an addendum within forty-eight

(48) hours by the close of the City’s next business day after issuance of the addendum. The mailto:sself@cityofsalem.net

Page 18 Request for Proposal written protest shall (1) Sufficiently identify the addendum being protested; (2) Identify the specific grounds that demonstrate how the addenda is contrary to law, unnecessarily restrictive, legally flawed or improperly specifies a brand name; (3) Include evidence or supporting documentation that supports the grounds on which the protest is based; (4)

Identify the relief sought; and (5) Include a statement of the desired changes to the addendum that the prospective proposer believes will remedy the conditions upon which the prospective proposer based its protest. The City will not consider a protest to matters not added or modified by the protested addendum. Delivered to the Contracts and

Procurement Division, via email to contracts@cityofsalem.net.

The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.15 Acceptance of Proposal Content

The contents of the proposal of the successful proposer will become contractual obligations if acceptance action ensues. Failure of the successful proposer to accept these obligations in an Agreement may result in cancellation of the award.

5.16 Public Records and Confidentiality of Proposal

This RFP and one copy of each original response received, together with copies of all documents pertaining to the selection of the successful proposer and execution of a copy of the executed agreement, shall be kept for the City by the Contracts and Procurement

Office for a period of five (5) years and made a part of a file or record which shall be open to public inspection.

Public Records. By submitting a proposal, the proposer acknowledges that information submitted in response to this RFP is open to public inspection under the Oregon Public

Records Law, ORS 192.311 through 192.513. The proposer is responsible for becoming familiar with and understanding the provisions of the Public Records Law.

Note: Under no circumstances will any proposal information be disclosed by the

Contracts and Procurement Office prior to receiving a written recommendation to award from the Department Director.

5.17 Human Rights

It is the express policy of the City that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity on the grounds of race, religion, color, national origin, sex, marital status, familial status or domestic partnership, age, mental or physical disability, sexual orientation, gender identity or source of income as provided by the Salem Revised Code

Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. The City’s complete Title VI Plan may be viewed at www.cityofsalem.net.

Successful proposer agrees to comply with all applicable requirements of federal, state, and local civil rights and rehabilitation statutes, rules and regulations if awarded an

Agreement by the City.

mailto:contracts@cityofsalem.net http://www.cityofsalem.net/

Page 19 Request for Proposal

Solicitations for Subcontracts, Including Procurements of Materials and Equipment:

In all solicitations either by competitive bidding or negotiation made by the successful proposer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the successful proposer of the successful proposer's obligations under this Agreement and the Salem Revised Code Chapter 97, Title VI of the Civil Rights Act of 1964 and other federal non-discrimination laws. (See Appendix B.)

5.18 Discrimination in Subcontracting Prohibited

Proposer agrees not to discriminate against disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110.

5.19 Notice of Intent to Award

All responsive and evaluated proposers to this RFP will be notified of the City’s intent to award an Agreement not less than seven (7) days prior to award. The City will issue a notice of intent to award based on the results of its evaluation process. The notice of intent to award will be posted on OregonBuys only.

5.20 Protest of Intent to Award

A proposer may protest the award of the Agreement or the intent to award such Agreement, whichever occurs first, if the proposer claims to have been adversely affected or aggrieved by the selection of a proposer. A proposer submitting a protest must claim that the protesting proposer is the highest ranked proposer because the proposals of all higher ranked proposers failed to meet the requirements of this RFP or because the highest ranked proposers otherwise are not qualified to perform the services described in this RFP. The proposer must deliver the written protest to the Contracts and Procurement Division to contracts@cityofsalem.net, within seven (7) days after issuance of the notice of intent to award the Agreement or if no notice of intent to award is issued, within forty-eight (48) hours after award. A proposer’s written protest shall specify the grounds for protest to be considered by the City pursuant to ORS 279B.410(2). The City Manager shall not consider a proposer’s award protest submitted after the above timeline. The written protest must be submitted with a certified check or cashier's check in the amount of $500.00 to cover the costs of processing the protest. The check shall be submitted via USPS, UPS, or FedEx.

5.21 Incurred Costs

Neither the City, nor its officers, agents, or employees are liable for any cost incurred by proposer(s) prior to issuance of an agreement, or purchase order. All prospective proposer(s) who respond to this RFP do so solely at the proposer's cost and expense.

Page 20 Request for Proposal

5.22 No Warranty

All facts and opinion stated within this RFP and all supporting documents and data are based upon information available from a variety of sources. No representation or warranty is made with respect thereto.

5.23 Statement of Time

A period of time, unless stated as a number of City business days, shall include Saturdays, Sundays, and holidays.

The word “day” as used in this RFP document, and any resulting Agreement awarded as a result of this process, shall constitute a calendar day of twenty-four (24) hours measured from midnight to the next midnight.

When a time period is identified by days, it is computed by excluding the first day and including the last day. When the last day falls on a Saturday, Sunday, or City’s holiday, that time period shall extend to the next City business day.

5.24 Right to Audit

The successful proposer shall maintain financial records and other records as may be prescribed by the City or by applicable federal and state laws, rules, and regulations. The successful proposer(s) shall retain these records for a period of five (5) years after final payment, or until they are audited by the City, whichever event occurs first. These records shall be made available during the term of the Agreement and the subsequent five-year period for examination, transcription, and audit by the City, its designees, or other authorized bodies.

5.25 Accept or Reject Proposals

The City reserves the right to accept or reject any or all proposals in response to this RFP without cause or to delay or cancel this RFP process without liability to the City if the City determines it is in the public interest to do so.

5.26 Additional Information

The City reserves the right to request additional information following their initial review of the proposal documents that the City deems reasonably necessary to evaluate, rank, and select the most qualified proposer(s). The City staff may conduct a review and verification of confidential information with staff and consultants.

5.27 Right to Modify Process

The City reserves the right to modify the selection process or other aspects of this RFP process at its sole discretion. The Contracts and Procurement Office will take reasonable steps to ensure that any modification or clarification to this RFP are posted on OregonBuys.

5.28 Debarment of Proposer

The Contracts and Procurement Manager may debar prospective proposers from consideration for Agreements for a period of not more than three (3) years if:

Page 21 Request for Proposal

1. The prospective proposer has been convicted of a criminal offense as an incident in obtaining or attempting to obtain a public or private contract subcontract or in the performance of such contract or subcontract;

2. The prospective proposer has been convicted under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty that currently, seriously,…