249986A001 RFP - AERelated - Final 08122024~1.pdf

RFP 249986A001 Page 1 of 62

State of Oregon

OREGON MILITARY DEPARTMENT

Issues the Following

REQUEST FOR PROPOSALS (“RFP”)

FOR

ARCHITECTURAL AND ENGINEERING RELATED SERVICES

Facility Condition Assessments, Statewide for BUILDER Sustainment Management System

RFP Number 249986A001

Date of Issuance: August 12, 2024

Proposals Due Date: August 30, 2024 at 2:00 PM (PT)

Issuing Office:

Address:

Single Point of Contact

Phone (voice)

E-mail

Oregon Military Department

Anderson Readiness Center, AGI Office 116

3225 State Street, Salem, OR 97301-6888

Moya McKeehan, Contract Specialist

971-355-7880

Moya.L.MCKEEHAN@omd.oregon.gov

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INSTRUCTIONS TO PROPOSERS:

PLEASE NOTE THE FOLLOWING:

1. PLEASE DO NOT SUBMIT YOUR OFFER ON THIS RFP INSTRUCTION FORM.

2. OFFEROR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE CONTENTS OF THIS

SOLICITATION. PLEASE READ AND FOLLOW THE INSTRUCTIONS CAREFULLY BEFORE

SUBMITTING YOUR OFFER.

3. THIS PROJECT HAS THE POTENTIAL TO EXCEED $25,000.00 AND IS FEDERALLY FUNDED (See RFP

ATTACHMENT B, EXHIBIT D FOR FEDERAL TERMS AND CONDITIONS):

OFFEROR MUST MEET THE FOLLOWING REQUIREMENTS:

1. PROVIDE A UNIQUE ENTITY IDENTIFIER (“UEI”) NUMBER ON YOUR OFFER:

IF YOU NEED TO OBTAIN AN UEI NUMBER PLEASE GO TO THE FOLLOWING WEBSITE VIA

THE LINK PROVIDED BELOW:

https://www.sam.gov/SAM/

2. EXCLUDED PARTIES LIST SEARCH (“EPLS”) COMPLETED BY OMD:

THE CONTRACTOR MUST BE CLEARED (“NO RESULTS” ON THE SEARCH) THROUGH THE

EPLS SYSTEM TO BE ALLOWED TO RECEIVE A FEDERALLY FUNDED CONTRACT. FOR

INFORMATION CONCERNING EPLS YOU MAY ACCESS THE WEBSITE VIA THE LINK

PROVIDED BELOW:

https://www.sam.gov/SAM/

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Table of Contents

Section 1: Project Information

1.1 Introduction and Background

1.2 Initial Contract Term

1.3 Solicitaiton Schedule

1.4 Definitions

1.5 Scope of Work

1.6 Single Point of Contact (“SPC”)

1.7 OregonBuys System

1.8 Pre-Proposal Conference and Additional Site Access

1.9 Statement of DEI Values

1.10 Procurement Authority and Method

Section 2: Proposal Requirements

2.1 Minimum Proposal Requirements

2.2 Administrative Proposal Requirements

2.3 Technical Proposal Requirements

2.4 Cost Proposal Requirements

Section 3: Solicitation Procedures and Requirements

3.1 Clarifications, Changes and Protests Relating to the RFP, Contract Provisions or Specifications

3.2 Proposal Submittal Instructions

3.3 Withdrawal of Proposals

3.4 Cost of Preparing Proposals

3.5 Public Information, Confidentiality, and Trade Secrets

Section 4: Evaluation and Award

4.1 Opening of Proposals

4.2 Evaluation Process

4.3 Ranking of Proposals

4.4 Responsibility

4.5 Notice of Intent to Award

4.6 Award Protests

4.7 Negotiation

4.8 Apparent Successful Proposer Submission Requirements

Section 5: Agency Rights and Reservations

5.1 Reservation of Agency Rights

5.2 No Agency Contractual Obligation

Section 6: Attachments

Attachment A: Proposal Cover Sheet

Attachment B: Sample Contract

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Section 1: PROJECT INFORMATION

1.1 Introduction and Background

Project Owner

The National Guard is found in both the United States Constitution and the Oregon Constitution. The tradition and history of the Oregon National Guard was grounded on the basis of its mission statement; "A ready force equipped and trained to respond to any contingency. When we are needed, we are there."

The purpose of the Oregon Military Department (“OMD”, “Agency”, or “Owner”) is to administer, house, equip and train the

Oregon National Guard to act as a ready force to support the Governor during unrest or natural disaster and to act as a reserve force to the United States Air Force and the United States Army. This mission is accomplished through a combination of federal and State of Oregon (“State”) programs and funds.

OMD manages approximately 3.3 million square feet of building area with nearly 400 buildings located at 44 sites across the

State. Types of buildings include readiness centers, maintenance facilities, warehousing, storage, aviation facilities, administrative space, and training site facilities. OMD facilities support the Oregon Army National Guard (“ORARNG”) and the Oregon Air National Guard (“ORANG”) to provide the State with a well-trained and relevant soldier force capable of providing leadership and support. These facilities need to be conceptually strong in order to foster new ideas and represent

OMD well to the public.

Project Background

OMD is requesting written Proposals to secure services to perform facility condition assessments and update the BUILDER

Sustainment Management System (“BUILDER SMS” or “BUILDER”) with the assessment data for Owner designated facilities throughout the State of Oregon (the “Project”) in accordance with Federal Executive Order (“EO”) 13327. OMD’s intent is to award a single contract to the successful Proposer pursuant to this RFP.

EO 13327, Federal Real Property Asset Management (2004) requires all Department of Defense (“DoD”) Components to adopt a common process for conducting Building Inventory and Assessment. BUILDER SMS was developed by U.S. Army

Corps of Engineers (“USACE”) – Engineering Research Development Center (“ERDL”) – Construction Engineering

Research Laboratory (“CERL”) and is a web-based software application developed to assist with building asset lifecycle management and investment decision analysis regarding building facilities. By considering the entire lifecycle of a facility portfolio, facility managers can optimize the investments that must be made in their facilities.

BUILDER SMS stores detailed real property building information that identifies building components and their key life-cycle attributes such as age, material, and capacity. Inspections are performed on the various components to determine engineering-based objective and repeatable Condition Index (“CI”) measures that relate the general physical health of the asset. Functionality assessments are performed to evaluate user requirement changes and compliance and obsolescence issues. This provides a comprehensive picture of the overall performance of building assets and their key components. With information about condition, functionality, and remaining service life, BUILDER SMS guides the development of short range and long-range work plans based on sound investment strategies, prioritization criteria, and budget constraints.

BUILDER SMS consolidates a variety of building-related management issues into a single decision support package. The system gives functional managers and decision-makers access to building inventory, current building condition indices, probability-based condition prediction models, and functionality-based mission, compliance, and obsolescence issues. It also employs a knowledge based inspection scheduling process.

This RFP describes the technical services sought and provides information concerning the preparation and submittal of

Proposals, how Proposals will be evaluated and the terms and conditions of the resulting contract that may be awarded as a result of this RFP. All firms or other entities/persons submitting Proposals are referred to as “Proposers” in this document.

The Proposer who is awarded a contract will be designated as the “Consultant”.

Project (“Project”) Summary

OMD is seeking to contract for Related services (“Services”) to conduct condition assessments and to populate the latest version of BUILDER SMS. The Services consist of required basic services (“ Basic Services”) as well as certain supplemental services (“Supplemental Services”) that may be requested by OMD as described below.

Basic Services

The Basic Services include, but are not limited to:

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• Project planning, management, and reporting;

• Validation of OMD buildings/sections/components inventory identified in, and at the OMD property addresses located throughout Oregon as specified in Exhibit A to the Sample Contract included as Attachment B to the

RFP (the “OMD Facilities”);

• Inspection, condition assessment, and rating of the OMD Facilities using BUILDER SMS methodology and the

Direct Rating Assessment method in the BUILDER SMS Condition Assessment Manual;

• Quality assurance and quality control of data;

• Input of data resultant of inventory, condition assessment, and rating of OMD Facilities (the “OMD Assessment

Data”);

• Accurate population of the BUILDER SMS database via creation and remote integration of BUILDER SMS Remote

Entry Database (“BRED”) files; and

• Validation of inventory and condition assessment data transmission through integration of BRED files into the

BUILDER SMS database.

The Consultant team discipline areas and inspector speciality breakdown must incorporate all the applicable systems at the

OMD Facilties and must include, without limitation, Architectural Inspectors, HVAC Inspectors, Structural Inspectors, Electrical Inspectors, and Plumbing Inspectors.

Supplemental Services

OMD may also require Consultant to perform Supplemental Services, which consist of reconciling the OMD Assessment

Data to other databases and providing focused investigations or reports (see Exhibit A to the Sample Contract for additional detail).

1.2 Initial Contract Term

The resulting contract (“Contract”) under this RFP is anticipated to start in September 2024. The initial Contract term is estimated to be for a period of one (1) year, commencing on the Effective Date of the Contract. Thereafter, in OMD’s sole discretion, the Contract term may be extended for terms up to one (1) year each until completion of the Services specified by

OMD and included in the Contract, and upon such other terms and conditions as may be agreed upon between the Parties.

See Section 1.3 below and Attachment B, Exhibit E, Critical Date Schedule for details.

1.3 Solicitation Schedule

EVENT DATE and TIME

RFP Release – Date of Issuance August 12, 2024

RFP Questions, Requests and Protests Deadline August 23, 2024 by 5:00 PM (PT)

Answers to RFP Questions, Requests and Protests August 26, 2024 (estimated)

RFP Closing August 30, 2024 at 2:00 PM (PT)

Evaluation September 3, 2024 to September 5, 2024

Issuance of Notice of Intent to Award September 6, 2024 (estimated)

Negotiations September 9, 2024 to September 10, 2024 (estimated)

Contract Award September 25, 2024 (estimated)

1.4 Definitions

In addition to any other terms that may be defined elsewhere in this RFP, the following terms as defined shall apply to this

RFP and to the resulting Contract, to the extent used in the Contract:

1.4.1 “Agency” or “Owner” or “OMD” means the Oregon Military Department.

1.4.2 “Consultant” (or “Contractor”) means the successful Proposer/party with which OMD contracts to perform the Services under this procurement.

1.4.3 “Contract” means the entire agreement for Services between the Consultant and the State, by and through

OMD, comprised of the provisions of the executed main contract document, and any terms and conditions contained in any exhibits, schedules, attachments and other provisions attached to and incorporated into the main contract document, and any amendments to the final form of the contract executed by the Parties.

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1.4.4 “Contract Administrator” means the officer, employee, or other individual designated in Writing by OMD, by name or position description, to conduct Contract Administration of any resulting Contract in this procurement.

1.4.5 “Offer” or “Proposal” means the complete document of the Proposer(s) submitted in response to this RFP, including the required forms and certifications.

1.4.6 "Proposer" means the individual or entity that submits a Proposal in response to this RFP.

1.4.7 “RFP” means this Request for Proposals.

1.4.8 “Scope of Work” means the general character and breadth of the Services to be performed by the Consultant, the purpose and objectives of the Services, and the Agency’s expectations for the Services. Examples of expectations include, if applicable, a description of the purchase, specifications, tasks (obligations), deliverables, delivery or performance schedule, and acceptance requirements. The Scope of Work helps the prospective

Proposers develop the Proposals.

1.4.9 “Statement of Work” means the specific provisions in the final resulting Contract which sets forth and defines in detail the agreed-upon Services to be performed by the Consultant, as well as the objectives, expectations, performance standards, and other obligations of the parties to the resulting Contract.

1.5 Scope of Work

The specific Services required by OMD under this RFP are more fully described in the sample Statement of Work (“SOW”) set forth in Exhibit A to the Sample Contract included as Attachment B to this RFP. The final form of the sample SOW that will be included as Exhibit A to any Contract resulting from this RFP will be discussed during negotiations of the final

Contract by the Parties, but must be based on the sample SOW.

1.6 Single Point of Contact (“SPC”)

All questions, whether about the technical requirements of this RFP, Contract requirements, the procurement process, or any other aspect of the Project or the needed Services, must be directed in Writing only to the following person, who is identified as the Single Point of Contact (“SPC”):

Moya McKeehan, Contract Specialist

Oregon Military Department

Anderson Readiness Center

AGI Office 116

3225 State Street

Salem, OR 97301-6888

Phone: (971) 355-7880

E-mail: Moya.L.MCKEEHAN@omd.oregon.gov

1.7 OregonBuys System

This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system.

1.7.1 REGISTRATION REQUIREMENT: All vendors must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso.

For registration assistance see the vendor registration guidance on the OregonBuys website. Proposers are responsible for ensuring that their vendor registration and information is current and correct in

OregonBuys. OMD shall not be responsible for defective registration or incorrect vendor information.

1.7.2 EXPLANATION OF TERMS USED IN OREGONBUYS.

• “Amendment” means “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the

Amendment.

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• “Available Date” means RFP issue date for this RFP in OregonBuys.

• “Bid Opening Date” means “Closing” as defined in OAR 137-046-0110(6). In OregonBuys it is the deadline for submitting Quotes, Bids, Proposals or other required responses required by a Bid

Solicitation.

• “Bid Solicitation” means any form of solicitation: Request for Proposal, Invitation to Bid, Request for

Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.).

Each Bid Solicitation has a separate page and ID number in OregonBuys.

• “Change Order” means a formal change to an existing MBPO, Release Requisition, or project-specific Purchase Order.

• “Master Blanket Purchase Order” (“MBPO”) means any form of parent contract/agreement (i.e.

price agreement, on-call contract, etc.) that allows for purchases/releases via an ordering instrument during the term specified in the parent contract/agreement.

• “Purchaser” means the Single Point of Contact.

• “Purchase Order” means any form of project-specific contract (not awarded under an existing

MBPO).

• “Quote” means any form of offer submission by vendors; i.e., Bids, Technical Proposals, Price

Proposals, or any other type of offer required by a Bid Solicitation.

• “Release Requisition” means any form of ordering instrument used under a MBPO; i.e. Purchase

Order, Work Order Contract.

• “Vendor” or “Supplier” means any form of business entity registered in OregonBuys. Only registered vendors are eligible to submit a Quote and enter Purchase Orders, MBPOs, or Release Requisitions pursuant to Bid Solicitations advertised in OregonBuys.

1.7.3 OBTAINING RFP DOCUMENTS: This RFP, RFP attachments and any Addenda and notices

(“Amendments” in OregonBuys) may be downloaded from the OregonBuys eProcurement system at:

https://oregonbuys.gov/bso. Contact the Purchaser identified in OregonBuys for this RFP if unable to access solicitation documents via OregonBuys.

Proposers are solely responsible for checking OregonBuys regularly until the Bid Opening Date and time specified in OregonBuys to assure that they have not missed any Addenda or other notices issued as “Amendments” in

OregonBuys for this RFP.

1.7.4 RFP ATTACHMENTS AND ADDENDA. In addition to the provisions set forth and linked within this RFP, this RFP incorporates by this reference the information published or linked on the OregonBuys “Bid Solicitation” page for this RFP, including but not limited to:

• Details entered in the Header Information section;

• All RFP Attachments, Addenda and notices (“Amendments” in OregonBuys), question and answer documents, and any other files linked in the File Attachments and Form Attachments subsections; and

• Information, if any, entered in the “Questions” and “Item Information” sections.

1.8 Pre-Proposal Conference and Additional Site Access

1.8.1 PRE-PROPOSAL CONFERENCE:

There will be no Pre-Proposal Conference held for this RFP.

1.8.2 ADDITIONAL SITE ACCESS:

There will be no additional Site access opportunities offered for this RFP.

1.9 STATEMENT OF DEI VALUES

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 veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

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1.10 Procurement Authority and Method

Agency is conducting this RFP pursuant to its authority under ORS 279A.050, and in conformance with ORS 279C.120, and

OAR 137-048-0220, Formal Section Procedure, with selection based on price and qualifications.

Section 2: Proposal Requirements

2.1 Minimum Proposal Requirements

Proposal must meet the minimum proposal requirements described in the Proposal Cover Sheet, Attachment A to this

RFP, in order to be responsive under Section 4.2.2 of the RFP.

Proposers shall not make the Proposal contingent upon the OMD’s acceptance of Contract terms that conflict with or are in addition to those advertised in this RFP.

Proposer shall provide required information on the forms specified in this RFP. Any information Proposer submits that is not required to be included on forms prescribed by this RFP must be formatted in the manner called for in this RFP and submitted on Proposer’s letterhead.

All Proposals must follow the format described in this Section. Proposals must respond to all elements of information requested, without exception. Proposal sections and pages must be appropriately numbered.

Proposals may use various headings, but must include at least the following headings in the following order and numbered as indicated below, followed by Proposer’s responses:

Part 1: Administrative Proposal Requirements

Part 2: Technical Proposal Requirements

Part 3: Cost Proposal

Proposals must be timely submitted. Proposals received after the RFP closing deadline will be rejected by OMD and returned to Proposers unopened.

Incomplete or Proposals not in substantial compliance with the RFP requirements may be deemed nonresponsive and not be considered.

2.2 Administrative Proposal Requirements

2.2.1 Proposal Cover Sheet.

The Proposer must complete, sign and submit the Proposal Cover Sheet (RFP - Attachment A) with its Proposal. As a component of Attachment A, Proposers shall provide the names, addresses, telephone numbers, and contact information for three (3) references for whom Proposer has provided, within the last three (3) years, Services generally equivalent to those described in the RFP. Agency may use references provided as part of the Proposal evaluation process as described in Section 4.

2.2.2 Financial Statement/Fiscal Stability.

Proposer must provide a financial statement and demonstrate fiscal stability. In this statement, Proposer shall briefly describe Proposer’s experience with, and current strategies for, ensuring that the Proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract term, including:

• Identify the individuals who have the authority to financially obligate the Proposer.

• Provide a letter from a Certified Public Accountant stating Proposer’s financial stability and Proposer’s ability to remain financially responsible for the duration of the project.

2.3 Technical Proposal Requirements

The Proposer must prepare and submit a Technical Proposal with its Proposal. The Technical Proposal must describe how the Proposer will meet each of the technical requirements described in the Scope of Work in Section 1.5 of this

RFP. The Proposal shall also include the identification of key persons who shall perform the Services, along with their background and expertise.

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Proposals must address the proposal and submission requirements set forth in this RFP and must describe how the

Services will be provided. Proposals that merely offer to provide Services as stated in the RFP may be considered non-responsive and will not be further considered.

2.4 Cost Proposal Requirements

The Proposer must prepare and submit a Cost Proposal with its Proposal. The Cost Proposal must include the following:

1) Cost for Phase 1 Services (Kick-Off Meetings and Project Management Plan) listed in Exhibit A to the Sample

Contract included as Attachment B to the RFP;

2) Cost for Phase 2 Services (Site Assessments) broken down by each building listed in the three (3) assessment types in

Exhibit A to the Sample Contract included as Attachment B to the RFP;

3) Cost for Phase 3 Services (Builder SMS Inventory) broken down by each building listed in the three (3) assessment types in Exhibit A to the Sample Contract included as Attachment B to the RFP; and

4) Cost for Phase 4 Services (Project Conclusion) listed in Exhibit A to the Sample Contract included as Attachment B to the RFP.

The Cost Proposal categories are to include but are not limited to all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and personal services to perform each phase of the Project.

Section 3: Solicitation Procedures and Requirements

3.1 Clarifications, Changes and Protests relating to the RFP, Contract Provisions, or Specifications

The only means of seeking clarifications, changes, and protests to provisions of this RFP, Contract provisions or the specifications are through a written (a) request for clarification; (b) formal submittal of a request for changes to the RFP, Contract provisions, or specifications; or (c) formal submittal of a protest of the RFP, Contract provisions, or specifications.

With the exception of negotiation of those Contract provisions permitted under Section 4.7, this procedure provides the

Proposer’s only opportunity to request any change or protest any requirement of the RFP, including but not limited to the solicitation process, Proposal requirements or Contract provisions. Proposals that take exception to the requirements of the

RFP, including, but not limited to, the solicitation process, Proposal requirements or Contract provisions may be deemed non-responsive and rejected at the sole discretion of Agency.

3.1.1 Method of Submitting Requests and Protests of RFP Provisions. Requests for clarification, requests for change, and protests of the RFP provisions shall be marked as follows:

Request for Clarification/Change/Protest

RFP Number

Closing Date

Requests for clarifications, changes, and protests of the RFP, Contract terms or specifications must be received by the SPC by email, courier, or hand delivery by the date and time specified in Section 1.3 of this RFP. This deadline may be extended by Addendum. No faxed requests for clarification, changes, and protests of the RFP, Contract terms or specifications shall be considered. No requests for clarification, requests for change or protests regarding the RFP, Contract terms or specifications shall be considered if received after the date specified in this Section or date specified in a subsequent Addendum.

The foregoing procedures and deadline shall also apply to protests and requests for change respecting the contents of an Addendum to this RFP, unless the Addendum specifies a different deadline.

3.1.2 Request for Clarification.

Any Proposer requiring clarification of any provision of the RFP, Contract provisions, or specifications may submit a written request for clarification. To be considered, the request for clarification must be submitted to the SPC in accordance with the method provided in Section 3.1.1 and by the deadline specified in Section 1.3 or any extension made by subsequent Addenda.

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3.1.3 Request for Changes to RFP, Contract Provisions, or Specifications.

Any Proposer may submit a written request for changes to the RFP, Contract provisions or specifications. The request must include the reason for requested changes, supported by factual documentation, the proposed changes, and must contain all information required by OAR 137-048-0240.

To be considered, the request for changes must be submitted to the SPC in accordance with the method specified in

Section 3.1.1 and by the deadline specified in Section 1.3 or any extension made by subsequent Addenda.

3.1.4 Protest of RFP, Contract Provisions, or Specifications.

Any Proposer may submit a written protest of the RFP, Contract provisions, or specifications. To be considered, Protests must:

• Identify the Proposer’s name and reference the RFP number;

• Contain evidence that supports the grounds on which the protest is based and specify the relief sought, including a statement of the proposed changes to the process or RFP provisions, requirements or

Contract provisions that the Proposer believes will remedy the conditions upon which the protest is based;

• Be signed by the Proposer’s authorized representative;

• Be submitted to the SPC in accordance with this section and Section 3.1.1 and by the deadline specified in Section 1.3.

Agency shall not consider solicitation protests that do not meet the requirements of this Section. Agency is not responsible for the successful transmission of protests. Unless the specific due date for submitting RFP protests is extended by Addenda to the RFP, Agency shall not consider solicitation protests to the originally-issued RFP submitted after the deadline specified in Section 1.3. Late protests will not be accepted.

3.1.5 Response to Requests for Clarification or Change and Protests

Agency will address all timely submitted requests for change within a reasonable time following Contracting

Agency’s receipt of the request, and once addressed, will promptly issue a written decision on the request via

Addenda posted on OregonBuys. Agency may also informally respond to Proposer questions. Informal responses, however, do not affect the provisions of the RFP. The RFP, Contract terms and specifications can only be changed via formal Addenda issued by OMD.

Agency shall resolve all solicitation protests in accordance with OAR 137-048-0240.

3.2 Proposal Submission Instructions

1.) Proposers shall submit Proposals in a sealed box or envelope. The box or envelope must clearly identify the

Proposer name, the Project name, the Solicitation Number, the OregonBuys Number, and be addressed to the SPC identified in section 1.6.

2.) Proposers must submit one (1) “original” Proposal bearing original ink signatures secured within an appropriately-sized 3 ring binder that is clearly marked “Original”. Proposer must separate administrative, technical, and cost information into separate sections in the binder.

3.) Proposers must submit five (5) copies of their Proposals individually secured within additional appropriately-sized 3 ring binders.

4.) Proposers must submit one (1) Compact Disc (“CD”) containing a digital copy of their “original” Proposal. Only a

CD is acceptable. Agency regulations prevent the use of other means.

5.) All signatures and information provided on the Proposal Attachments must be completed by printing in ink or typed.

6.) Proposals must be received by the SPC no later than the Closing date and time specified in Section 1.3 and at the address listed in Section 1.6. Proposals may be delivered via U.S. Mail, or courier, or be hand-delivered. Proposals

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SECURITY REQUIREMENTS: All OMD facilities are governed by U.S. Homeland Security REAL ID compliance regulations (https://www.dhs.gov/real-id). Valid Photo identification is required. Facility owners and staff are prohibited from accepting driver’s licenses or ID cards from non-compliant states or jurisdictions.

Proposers are responsible for providing appropriate valid identification. OMD is not responsible for Proposers who are denied access for not having proper identification.

3.3 Withdrawal of Proposals

If a Proposer wishes to withdraw a submitted Proposal, it must do so prior to the Closing date and time. The Proposer shall submit a written request to withdraw, signed by the Proposer, on the Proposer’s letterhead, to the SPC.

3.4 Cost of Preparing Proposals

All costs incurred in Proposal preparation and participation in the Proposal evaluation, Award, and Contract negotiation processes are the responsibility of the Proposer and will not be reimbursed by the Agency.

3.5 Public Information, Confidentiality, and Trade Secrets

This RFP, and one copy of every Proposal received in response to it, together with copies of all documents pertaining to the award of the Contract(s), shall be kept by Agency and made a part of Agency’s records. Proposals shall be open to public inspection in accordance with ORS 279C.107.

If a Proposer believes that any portion of a Proposal contains any information that may be considered exempt from disclosure as a trade secret under ORS Chapter 192.345(2) or ORS 646.461(4), or under other grounds specified in Oregon Public

Records Law, ORS 192.311 through 192.478, the Proposer must clearly designate the portions of its Proposal that Proposer believes are exempt from disclosure, along with a justification and citation to the authority relied upon. Identifying the

Proposal, in whole, as a trade secret, confidential or otherwise exempt from disclosure is not acceptable. Proposers are cautioned that cost information submitted in response to an RFP is generally not considered a trade secret under Oregon

Public Records Law. If Proposal fails to identify the portions of the Proposal that Proposer believes are exempt from disclosure, Proposer is deemed to have waived any later claim of an exemption or request for non-disclosure of that information.

Application of the Oregon Public Records Law shall determine whether any information is actually exempt from disclosure.

Proposer is advised to consult with legal counsel regarding disclosure issues.

The State and Agency will not be liable for any disclosure or release of information that Proposer considers to be exempt from disclosure if required by applicable law or court order. The State and Contracting Agency shall also be immune from liability for disclosure or release of information under the circumstances set out in ORS 646.473(3).

Section 4: Evaluation and Award

4.1 Opening of Proposals

There will be no public opening or reading of Proposals for this RFP.

4.2 Evaluation Process

4.2.1 Evaluation Overview.

Agency will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 137-048-0220, OAR

137-048-0130 and this RFP.

Responsive Proposals will be forwarded to an evaluation committee consisting of at least three (3) experienced evaluators, identified and appointed by the Contract Administrator, to independently review, evaluate and score each

Proposal according to the Evaluation Criteria set forth below. Any attempt by a Proposer to improperly influence a member of the Evaluation Committee during the Proposal review and evaluation process will result in that

Proposal’s rejection.

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The outcome of the evaluation process may, in OMD’s sole discretion, result in: (a) notice to Proposer(s) of selection for Contract negotiation and possible award; or (b) cancellation of this RFP and either re-issuance of this

RFP in the same or revised form or no further action by OMD with respect to this RFP.

OMD may reject any or all Proposals and may cancel this RFP at any time if doing either would be in the public interest as determined by OMD. OMD is not liable for any costs a Proposer incurs while preparing or presenting the

Proposal or during further evaluation stages. All unreturned Proposals submitted in response to this RFP will become property of OMD and part of the public file.

4.2.2 Responsiveness Review

Proposals must be considered responsive for further evaluation. Proposals received prior to Closing will be reviewed by the the Agency to determine if it is responsive to the requirements set forth in this RFP, including the minimum proposal and administrative proposal requirements as described in Section 2 of this RFP. Proposer’s failure to comply with the instructions or to submit a complete Proposal may result in the Proposal being deemed non-responsive. Only those Proposals determined to be responsive will be considered for further evaluation.

If a Proposal is unlcear, OMD may request clarification of any response that, in its sole discretion, it deems necessary or advisable; however, no new information or documentation may be submitted after the Closing Date and time of the RFP and a clarification may not be used to rehabilitate a non-responsive Proposal. Proposers shall remain available during the evaluation period to respond to requests for additional clarification. Proposers shall submit written signed clarification(s) wihtin 24 hours (Monday-Friday, state-observed holidays excluded) following receipt of the request. OMD may waive minor informalities. Minor informalities are: (1) matters of form rather than substance when evident in the Proposal, or (2) insignificant mistakes that can be waived or corrected without prejudice to other Proposers. See also the Reservation of Agency Rights in Section 5.1.

4.2.3 Point and Score Calculations

Each responsive Proposal will be evaluated and scored by the evaluation committee as set forth in this Section.

Available points are shown in the evaluation criteria section below and evaluators will assign a score for each evaluation criterion up to the maximum points available.

The sum of all scores awarded to each Proposer will be divided by the total number of Evaluation Committee members to compute an average score for each Proposer. Proposers’ average scores will be used to rank proposals as described in Section 4.3 (Ranking of Proposals).

4.2.4 Evaluation Criteria

1.) Technical Proposal

The maximum number of points allowable for each Technical Proposal is 1050.

The Evaluation Committee will assign points to its evaluation of the Technical Proposals of responsive

Proposals as follows:

a. The extent to which Proposer’s resources, organization and administrative structure, and past performance on projects of similar size and scope to that required by this RFP demonstrate

Proposer’s ability to successfully complete the requirements of the Scope of Work set forth in

Exhibit A to the Sample Contract included as Attachment B to this RFP.

Available Points: 150 total points possible

b. The extent to which the proposed project team’s knowledge, training, and experience in the areas of quality management strategies, methodologies, initiatives, and technical expertise in the areas of inventory and assessment using BUILDER methodology and the Direct Rating

Assessment method, quality assurance planning and management, implementation of control measures for data accuracy, development, testing, and transmission of data, development and transmission of BRED files, and administration of BUILDER instances in a government environment within their respective proposed roles and responsibilities demonstrate its ability to complete projects of similar size and scope as required by this RFP.

RFP 249986A001 Page 13 of 62

Available Points: 300 total points possible

c. The extent to which Proposer demonstrates an understanding of the Project’s purpose, objectives, time frame, and issues to be resolved in implementing the Project and factors that affect its complexity.

Available Points: 100 total points possible

d. The extent to which:

1. The proposed management team, including the work breakdown structure, and project management methodology supports an approach that is practical, feasible, and likely to result in the timely, successful delivery of the requirements of the Scope of Work set forth in Exhibit A to the Sample Contract included as Attachment B to this RFP.

Available Points: 100 total points possible

2. The proposed approach identifies methods to address pertinent issues, risks, and potential problems related to the Project.

Avaible points: 100 total points possible

3. The proposed management plan ensures the required project management, inventory, assessment, data quality, file building, data management and transmission, and

BUILDER system administration expertise required for BUILDER assessments, and for the work quality, accuracy, coordination, and timelimes of deliverables.

Available Points: 100 total points possible

4. The proposed approach and management plan is adequately structured and resourced, correlates with the Project schedule and the proposed resources and is likely to result in the timely, successful delivery of the requirements of the Scope of

Work set forth in Exhibit A to the Sample Contract included as Attachment B to this

RFP.

Available Points: 100 total points possible

5. The Proposal identifies the staff that will be assigned to the Project and details how the experience of each staff member is likely to result in the timely, successful delivery of the requirements of the Scope of Work set forth in Exhibit A to the Sample Contract included as

Attachment B to this RFP.

Available Points: 100 total points possible

2.) Cost Proposal (Available Points: 250 total points possible)

Cost proposals must be submitted as instructed in Section 2.4 and Section 3.2. The cost proposal of responsive Proposals will be scored by the SPC independently from the Evaluation Committee. The

Proposal with the lowest cost proposal for Basic Services, Phases 1 through 4, will be awarded the maximum number of available points and the Proposals with higher prices will be awarded a percentage of the maximum points available based on the following formula:

3.) References (Responsive/Non-Responsive or Scored (optional at Agency’s discretion)

Proposer shall provide references in Attachment A that can rate Proposer’s performance in these categories:

• Budget (up to 5 points)

• Schedule (up to 5 points)

• Performance of Work (up to 5 points)

• Communication (up to 5 points)

• Qualify of Deliverables (up to 5 points) lowest cost proposal of all

Proposals X cost proposal points possible

Awarded

Points Cost proposal being scored

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If the Agency, at its discretion, opts to score references, a non-scoring Evaluation Committee member will evaluate the references using a scale of 0 to 5, with 5 being the highest score for each reference category.

Each Proposer may receive up to a maximum of 75 points from the evaluation of provided references

(25 points per reference contacted).

The committee member will attempt to contact each reference given, for a maximum of three (3) references. The committee member may make up to three (3) attempts to contact each of the reference sources. These attempts will be made during normal business hours and will be conducted via telephone.

If the three (3) attempts are unsuccessful, the Proposer will receive zero (0) points for that reference source.

Each reference that is contacted will be asked questions from the categories above.

Agency reserves the right to request references in addition to those provided by Proposer, to investigate any references whether or not furnished by Proposer, and to otherwise investigate the past performance of any

Proposer in any manner the Agency determines is necessary. Agency may postpone the award or execution of any resulting Contract, after the announcement of the apparent successful Proposer, in order to complete its investigation.

4.3 Ranking of Proposals

The SPC will determine the rank of each Proposal, with the highest scored proposal receiving the highest rank, and successive rank order determined by the next highest score. A Proposer’s maximum score is 1300, unless the Agency opts to check references, in which case a Proposer’s Technical and Cost Proposal scores will be combined with its reference score

(maximum 75) to arrive at a total cumulative score (total maximum 1375).

4.4 Responsibility

Prior to award, OMD will determine if an apparent successful Proposer is responsible. OMD reserves the right to investigate references including others than those provided in Attachment A. Investigation may include past performance of any

Proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment of employees and workers. At any time prior to award, OMD may reject a Proposer found to be not responsible.

4.5 Notice of Intent to Award

Agency will provide a written tentative award notice (the “Intent-to-Award Notice”) to the highest-ranking Proposer and will provide a copy of the Intent-to-Award Notice to all Proposers by posting a copy of this Notice on the OregonBuys system.

4.6 Award Protests

A Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may protest the selection by submitting, within seven (7) calendar days after the date of the Notice of Intent to Award a written, signed protest as an email attachment or by courier, or by hand-delivery to the SPC. Agency will not consider a protest submitted after the deadline. Protests must comply with and will be resolved pursuant to OAR 137-048-0240. Faxed protests will not be accepted.

The provisions included in Attachment B, other than those identified in Section 4.7 of this RFP, are not subject to negotiation.

4.7 Negotiation

If Agency does not cancel the RFP, Agency will enter into Contract negotiations with the highest ranking Proposer. Agency will direct negotiations toward obtaining a written agreement. In addition to the SOW (which must be based on the sample

SOW provisions in Section 1.5), Agency may elect to negotiate the following terms and conditions:

• Term of Contract and Schedule;

• Maximum amount payable to Consultant for Services;

• Payment Methodology;

• Invoicing;

• Any other provision agency believes to be in the best interest of the State to negotiate.

RFP 249986A001 Page 15 of 62

Final award will be contingent upon successful negotiation of a final contract within seven (7) calendar days of the

Notice of Intent to Award or within such longer period that the Agency determines is reasonable under the circumstances.

Agency may terminate negotiations with the highest-ranking Proposer if the parties fail to execute a Contract within this negotiation period or such later date as Agency may authorize. In accordance with Section 4(e) of OAR 137-048-0220 –

Formal Selection Procedure, Agency may then enter into negotiations with the second ranked Proposer, and if necessary, the third ranked Proposer, and so on.

Upon successful negotiation of terms, the successful Proposer will be required to enter into the State’s Standard Professional

Services Contract in substantially the form set forth in the Sample Contract in Attachment B to this RFP.

4.8 Apparent Successful Proposer Submission Requirements

4.8.1 Insurance Certification

The apparent successful Proposer must provide proof of the required insurance described in the Sample Contract

(Attachment B) to Agency within seven (7) calendar days of the Notice of Intent to Award or such longer period that the Agency determines is reasonable under the circumstances. Failure to present the required documents within

Agency determined time period may result in Proposal rejection. Proposers are encouraged to consult their insurance agent(s) about the insurance requirements contained in the RFP prior to proposal submission.

4.8.2 Pay Equity Certification

Within fourteen (14) calendar days of the Notice of Intent to Award, or such longer period that the Agency determines is reasonable under the circumstances, the apparent successful Proposer must submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative

Services if the Contract value exceeds $500,000 and the Proposer employs 50 or more full-time workers.

4.8.3 Business Registry Number/Registered Agent

If selected for Contract award, Proposer must be duly authorized by the State to transact business in the State before executing the Contract. Firms that contract with Agency are responsible for compliance at all times with all applicable legal requirements regarding business organization, authorization and registration. The apparent successful Proposer(s) (unless you are an individual operating as your real and true name or otherwise exempt under applicable laws) shall submit a current Oregon Secretary of State Business Registry number. See process for obtaining a Business Registry number: https://sos.oregon.gov/business/Pages/register.aspx.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents: https://sos.oregon.gov/business/pages/registered-agents-service-of-process.aspx.

For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules

(https://sos.oregon.gov/business/pages/laws-rules.aspx). The titles in this subsection are available on the Secretary of

State’s Business site: https://sos.oregon.gov/business/Pages/default.aspx.

4.8.4 W-9 Form

The apparent successful Proposer(s) shall provide their Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) if either of the following apply:

• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

No payment can be made until a properly completed W-9 is on file with Agency.

4.8.5 Joint Venture/Partnership Information

An apparent successful Proposer, if a Joint Venture/Partnership shall provide a copy of the joint venture agreement or partnership agreement evidencing authority to propose and to enter into the resulting Contract that may be awarded, together with corporate resolutions (if applicable) evidencing corporate authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Contract. All partners and joint venturers will be required to sign the Contract awarded.

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Section 5: Agency Rights and Reservations

5.1 Reservation of Agency Rights

The Agency reserves all rights regarding this RFP, including, without limitation, the right to:

a. Amend, delay or cancel the RFP without liability if Agency finds it is in the best interest of the Agency to do so;

b.Reject any or all Proposals received upon finding that it is in the best interest of the Agency to do so;

c. Waive any minor informality or minor non-conformance with the provisions or procedures of the RFP, and seek clarification of any Proposal, if required;

d.Reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements;

e. Engage consultants by selection or procurement independent of the RFP process or any Contract or agreements under it to perform the same or similar services;

f. Forgo the evaluation process beyond responsive and responsible if Agency receives only one (1) Proposal or if only a single Proposal is deemed responsive and responsible and move directly to Contract negotiation; and

g. Depending on funding and OMD requirements, add or delete facilities from the SOW or change facilities to different assessment categories during Contract negotiations.

5.2 No Agency Contractual Obligation

Agency is not obligated as a result of the submission of a Proposal to enter into a Contract with any Proposer, and has no financial obligation to any Proposer arising from the RFP.

Section 6: Attachments

Attachment A – Proposal Cover Sheet

Attachment B – Sample Contract

All Attachments and Exhibits thereto are incorporated by reference into this RFP.

RFP 249986A001 Page 17 of 62

RFP ATTACHMENT A

Proposal Cover Sheet

RFP 249986A001

Proposer Information

Organization Name:

Primary Contact Person: Title:

Address:

City, State, Zip:

Telephone: Fax:

Email Address:

UEI #: Federal Tax ID #:

Name and title of person(s) authorized to represent the Proposer in any negotiations and sign any Contract(s) that may result:

Name:

Title:

Per Section 2 of the RFP, Proposers shall prepare and include in its Proposal the following:

1.) Administrative Proposal that includes this completed cover sheet and the financial stability statement described in

Section 2.2;

2.) Technical Proposal that meets all the requirements described in Section 2.3 and addresses the Scope of Work and

Evaluation Criteria (see RFP Section 4.2.4);

3.) Cost Proposal that meets the requirements described in Section 2.4; and

4.) Current resumes for each of the Proposer’s Key Persons.

Proposer…