3542_IntRFP_A2 Final_5315.doc

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Attached to
Request for Quote (Corrugated Boxes)
Solicitation number
S-84500-00003540
Issued by
Multnomah County, Oregon

About this file

This is an Intermediate Procurement Request for Proposals issued by the Oregon Department of Human Services, Office of Self-Sufficiency Programs (ODHS-SSP) for consultation and facilitation services supporting the Poverty Relief Task Force. The solicitation seeks one contractor to provide specialized consulting and facilitation services focused on addressing poverty in Oregon through a Collective Impact framework that centers racial equity. The scope of work includes facilitating Poverty Relief Task Force meetings (typically held the fourth Friday of each month for two hours with 15-20 participants), coaching meeting hosts, assisting with agenda planning and project management, providing consultation on Collective Impact methodologies, and delivering information on best practices related to poverty relief and financial literacy initiatives. Required deliverables include meeting summaries with action items, a revised Task Force charter within six months of award, an annual work plan, and monthly activity reports. The offer submission deadline is July 13, 2022, at 12:30 PM Pacific Time, with a Notice of Award anticipated by July 20, 2022. The initial contract term is anticipated to be three years. Questions or requests for clarification must be submitted by July 8, 2022, at 2:30 PM Pacific Time to the Single Point of Contact, Sharon M. Landis.

The rate for services is fixed at $250 per hour, prorated in fifteen-minute increments, with a contract value not to exceed $150,000. The contractor must have a minimum of five years' experience working with state agencies or local governments on similar consultation and facilitation work. Evaluation criteria include demonstrated experience of Key Person(s) (10 points with weight value of 1) and project description demonstrating successful similar projects (10 points with weight value of 6), for a maximum of 70 total points possible. The State of Oregon encourages participation of COBID-certified small businesses, including disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, service-disabled veteran-owned businesses, and emerging small businesses. Submission must be made electronically through OregonBuys in PDF, Word, or Excel format, and offerors must provide proof of insurance prior to contract execution and comply with Oregon Secretary of State Business Registry requirements. The only negotiable provisions are the contract term and descriptions of goods and services, with all other terms substantially following the sample contract provided.

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OregonBuys Bid # S-10000-00003542

State of Oregon

Cover Page

Oregon Department of Human Services – Office of Self-Sufficiency Programs is issuing this Intermediate Procurement under S-10000-00003542 for

CONSULTATION & FACILITATION for POVERTY Relief TASK FORCE Date of Issue: June 28, 2022 Opening Date: July 13, 2022 Single Point of Contact (SPC):

Sharon M. Landis, OPBC Address:

635 Capitol Street, Suite 350 City, State, Zip Salem, Oregon 97301 Phone (voice) 971-208-4151 E-mail:

sharon.m.landis@dhsoha.state.or.us The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

3SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

32.1

AUTHORITY AND METHOD

32.2

DEFINITION OF TERMS

52.3

OVERVIEW AND PURPOSE

52.4

SCOPE OF WORK/SPECIFICATIONS

6SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

63.1

MINIMUM SUBMISSION REQUIREMENTS

63.2

PROCUREMENT PROCESS

83.3

OFFERS CONTENT REQUIREMENTS

103.4

EVALUATION PROCESS

113.5

NEXT STEP DETERMINATION

113.6

PREFERENCES

113.7

POINT AND SCORE CALCULATIONS

123.8

RANKING OF OFFERORS

12SECTION 4:

AWARD AND NEGOTIATION

124.1

AWARD NOTIFICATION PROCESS

134.2

SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

134.3

CONTRACT NEGOTIATION

14SECTION 5:

ADDITIONAL INFORMATION

145.1

CERTIFIED FIRM PARTICIPATION

145.2

GOVERNING LAWS AND REGULATIONS

145.3

OWNERSHIP/PERMISSION TO USE MATERIALS

155.4

CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

155.5

COST OF SUBMITTING AN OFFER

15SECTION 6:

LIST OF ATTACHMENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services, (“Agency”), is issuing this Intermediate Procurement for Consultation and Facilitation for the Poverty Relief Task Force.

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

Agency anticipates the award of one Contract from this solicitation, not to exceed $150,000. The initial term of the Contract is anticipated to be three years. For this RFP, the rate for services is set at $250 per hour, prorated in fifteen-minute increments.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

Event
Date
Time
Questions / Requests for Clarification Due
July 8, 2022
2:30 PM
Closing on OregonBuys, referred to as Opening Date on page one (offer Due)
July 13, 2022
12:30 PM
Issuance of Notice of Award (approx.)
July 20, 2022

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

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

Consultant means the Person with whom an Agency enters into a Contract for the purposes of consulting, conferring, or deliberating on one or more subjects, and this person provides advice or opinion.

Local Government means any city, county or metropolitan service district formed under ORS chapter 268.

Offer means a submission of a Proposal to this RFP.

Offeror means a Person who submits an Offer.

Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity.

Personal Services or Services under ORS 279B means services that require specialized skills, knowledge, and resources in the application of technical or scientific expertise, or the exercise of professional, artistic or management discretion or judgement, including, without limitation, the services of an accountant, physician or dentist, educator, information technology professional, Consultant, broadcaster, or artist (including a photographer, filmmaker, painter, weaver, or sculptor).

Responsible means meeting the standards set forth in OAR 125-247-0640 or 125-249-0390(2), and not debarred or disqualified by the Authorized Agency under OAR 125-247-0575 or 125-249-0370.

Responsive means having the characteristic of substantial compliance in all material respects with applicable solicitation requirements.

RFP means Request for Proposals.

Successful Offeror means the Agency’s identification of the Person(s) with whom the Agency intends to enter into a Contract.

Terminology specific to the OregonBuys system may be found at OregonBuys.

2.2.2 Project Specific Definitions

Collective Impact means a network of community members, organizations, and institutions who advance equity by learning together, aligning, and integrating their actions to achieve population and systems level change.

Financial Literacy means the ability to understand financial components and skills such as budgeting, investing, borrowing, taxation, and personal financial management.

Poverty Relief Task Force means a group of state agency leaders, Oregon Tribes, community, and business representatives working to address poverty in Oregon.

Racial Equity means the process of eliminating racial disparities and improving outcomes for everyone. It is the intentional and continual practice of changing policies, practices, systems, and structures by prioritizing measurable change in the lives of people of color.

2.3 OVERVIEW AND PURPOSE

To provide consultation and facilitation to the leadership of the Oregon Department of Human Services (ODHS), Self-Sufficiency Programs (SSP) regarding the Poverty Relief Task Force.

Poverty disproportionately affects Black, Oregon Tribal Nations, and People of Color. Poverty undermines the health and success of families in our state.

To address this issue, a group of state agency leaders, Tribal representatives, community and business representatives began a conversation about tackling poverty in Oregon. The Agency is the backbone entity. Using Collective Impact as a framework, the Poverty Relief Task Force is collaborating to identify root causes, explore policies and key strategies, and develop meaningful solutions to eradicate poverty in Oregon. The Task Force is currently championing one key State Health Improvement Plan strategy: Enhance Financial Literacy and access to financial services and supports among priority populations.

The Poverty Relief Task Force vision is “to ensure every Oregonian has equitable opportunities to learn, earn, participate and flourish in their community.” The goal of the Task Force is to produce a consolidated and sustainable anti-poverty strategy while leading with race and intersectionality to address the roots of systemic oppression that impact all protected classes.

2.4 SCOPE OF WORK/SPECIFICATIONS

In performing the work, the Successful Offeror will participate by video conferencing, by phone or onsite at locations agreed to by the parties. When necessary, the Successful Offeror will provide consultation and related services on weekends, and outside normal business hours (currently 8:00 am to 5:00 PM Pacific Time) on weekdays. The Poverty Relief Taskforce generally meets on the fourth Friday of the month for two hours. There are also 45-minute planning meetings with Agency on Tuesday afternoons. The Poverty Relief Task Force is made up of state agency leaders, Oregon Tribes, community, and business representatives. Approximately 15-20 people currently attend Poverty Relief Task Force meetings.

2.4.1 Services to be performed:

The Successful Offeror must:

2.4.1.1 Facilitate the Poverty Relief Task Force meetings centering Racial Equity in the work;

2.4.1.2 Coach/advise Agency meeting hosts;

2.4.1.3 Assist with agenda planning and project management;

2.4.1.4 Provide consultation and advice to Agency on Collective Impact as a framework for this work; and

2.4.1.5 Provide information on best practices and implementation strategies as they relate to topics arising from Poverty Relief Task Force discussions.

2.4.1.6 Provide consultation to Agency regarding organizational structure and strategic change efforts.

2.4.2 Deliverables

The Successful Offeror will provide:

2.4.2.1 A summary of main discussion points and action items after each meeting;

2.4.2.2 A revised Poverty Relief Task Force charter within the first six months of the Awarded Contract;

2.4.2.3 A yearly work plan for the Poverty Relief Task Force; and

2.4.2.4 A monthly report identifying activities performed during the reporting month. The report shall include names of staff who requested services, summary of consultation provided, the amount of time spent on each activity and any recommendations/suggestions provided as applicable.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information.

3.1.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.2 PROCUREMENT PROCESS

3.2.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.2.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

· Be emailed to the SPC

· Reference the OregonBuys bid number

· Identify Offeror’s name and contact information

· Be sent by an authorized representative

· Refer to the specific area of the solicitation being questioned (i.e. page, section and paragraph number); and

· Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

3.2.3 Pre-Offer Conference

A pre-submittal conference will not be held for this solicitation.

3.2.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.2.4.1 Submission Options

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

3.2.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.2.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

3.2.7 Offer Rejection

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

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

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

· Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

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

· Offeror attempts to inappropriately influence a member of the Evaluation Committee.

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

3.2.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Offerors after Opening.

3.3 OFFERS CONTENT REQUIREMENTS

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

3.3.1 Offeror Information and Certification Sheet

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

The Offeror Information Certification Sheet is not scored but required to determine Responsiveness and Responsibility.

3.3.2 Disclosure Exemption Affidavit

The Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

The Disclosure Exemption Affidavit is not scored but required to be returned.

3.3.3 Certified Disadvantaged Business Outreach Plan

3.3.4 The Offeror shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment D).

The Certified Disadvantaged Business Outreach Plan is not scored but required to be returned.

3.3.5 Responsibility Inquiry

The Offeror shall complete and submit the Responsibility Inquiry (Attachment F).

The Responsibility Inquiry is not scored but required to determine Responsiveness and Responsibility.

3.3.6 Key Person(s)

Offeror must have a minimum of five years’ experience working with a State Agency or Local Government, similar to the Scope of Work in Section 2.4 of this RFP. Proposer shall include a resume for the Key Person(s), who will be performing the work under the awarded Contract, as evidence of this experience. Not to exceed two pages per resume.

Identify Key Person(s) positions that are not filled, if any, and include a brief description of the position in the Offeror’s response. Unfilled positions cannot be used as evidence for the five years’ experience. Not to exceed two pages per position description.

Resumes of Key Persons may not be combined to fulfil the requirement for the five years’ experience.

10 points with a weight value of 1 for 10 points maximum

3.3.7 Project Description

The Offeror shall provide a brief description of a previous successful project similar services in the Scope of Work of this RFP. The brief description should include descriptions of the Services performed and the deliverables that were provided, and not exceed five pages.

10 points with a weight value of 6 for 60 points maximum

3.3.8 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.4 EVALUATION PROCESS

3.4.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

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

3.4.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

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

If only one Offer is received, Agency may go directly to Contract Award and Negotiations, if it is in the best interest of the State to do so.

SCORE
EXPLANATION
9 – 10
OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.
7 – 8
VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.
4 – 6
ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.
SCORE
EXPLANATION
2 – 3
FAIR – Offeror meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.
0-1
RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Offeror has not demonstrated knowledge of the subject matter.

3.4.2.1 Key Person(s)

· How well does the Offeror demonstrate the minimum of five years’ experience working with a State Agency or Local Government, similar to the Scope of Work in Section 2.4 of this RFP? (Section 3.3.6)

3.4.2.2 Project Description

· How well does the Offeror demonstrate providing a previous successful project with similar Services in the Scope of Work (Section 2.4). including the Services performed and the deliverables that were provided? (Section 3.3.7)

3.5 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Establishing a Competitive Range

· Presentations/Demonstrations/Additional Submittal Items

· Interviews

· Best and Final Offers If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest-ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.6 PREFERENCES

3.6.1 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.7 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be multiplied by the weight value.

Points possible are as follows:

POINTS POSSIBLE
Total Average Score Possible
Weight Value
Total Points Possible
3.4.2.1
Key Person(s)
10
1
10
3.4.2.2
Project Description
10
6
60
MAXIMUM POINTS POSSIBLE
20
N/A
70

EXAMPLE:

Offeror A receives scores of 10, 9, and 8 for 3.4.2.2 Project Description. The SPC averages 10, 9, and 8 for an average score of 9. 9 is multiplied by the Weight Value of 6 for a score of 54 Total Points.

3.8 RANKING OF OFFERORS

The SPC will total points possible for each criterion and the sum of the three Criterion will be the total points awarded. SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Offerors with an attachment to OregonBuys that Agency has awarded a Contract to the selected Offeror subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit C of Attachment A) prior to offer submission.

4.2.2 Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

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

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

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

· Term of the contract

· Descriptions of goods and services

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

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

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

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

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

5.5 COST OF SUBMITTING AN OFFER

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

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C

OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D

COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT E

RESPONSIBILITY INQUIRY

DAS Procurement Services, Version 3 - July 7, 2021

File details come from the government source that posted it. Updated .