35613 RFA_Final.docx

Multiple Award OpportunitySTATE OF Oregon Oregon Department of Transportation

REQUEST FOR APPLICATIONS

Request for Application/ Bid Solicitation Number: S-73000-00009423

(PCMS RFA #: 35613)

Electronic Vehicle Registration Expansion Date of Issue: See “Available Date” for this RFA in OregonBuys Opening Date and Time: See “Bid Opening Date” and time for this RFA in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFA in OregonBuys.

Notes:

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other files provided via hyperlinks within this RFA.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the RFA Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

· Non-Discrimination: Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit RFAs in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

Contents

1.0 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, on behalf of its Driver and Motor Vehicles Services Division, (“Agency”, “ODOT” or “DMV”), is issuing this Request for Applications (RFA) under the special procurement method set forth in Section 1.6 below for its Expanded Electronic Vehicle Program.

The purpose of this RFA is for DMV to allow EVR Service Provider(s) to conduct vehicle transactions specified in the Statement of Work (SOW) adhering to DMV’s expanded EVR Program and architecture.

Additional details on the Scope of the Goods or Services or both are included in the Statement of Work within the Sample Contract.

Agency anticipates the award of multiple Contracts from this RFA.

For Definitions as used in the RFA documents see Exhibit A (Statement of Work), Part I.

1.1 BACKGROUND

DMV established a Third-Party Electronic Vehicle Registration (EVR) Program to process vehicle title and registration transactions for qualified Oregon certified dealers. DMV is expanding the scope of available services, eligibility to participate as an EVR Account Holder, and criteria for participating EVR Service Providers.

EVR Service Providers selected to participate in DMV’s EVR Program must:

a. Provide systems and processes that effectively interface with DMV systems and processes based on DMV's system requirements, processes, statutes, rules, policies, and procedures.

b. Be financially responsible for the design, operation, enhancements, changes, testing, and accuracy of the EVR System and the ongoing operations.

c. Coordinate with DMV on an agreed list of vehicle services the EVR Service Provider will support.

d. If EVR Service Provider elects to issue inventory, it must be from an Oregon Central Issuance Facility, in accordance with established inventory control requirements and procedures.

e. Enroll and manage EVR Account Holders and ensure compliance with EVR Program rules.

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 vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

1.2.2 OREGONBUYS CROSSWALK OF TERMS

1.2.3 RFA ATTACHMENTS

In addition to the provisions set forth and linked within this RFA, this RFA incorporates by this reference the information published or linked on the OregonBuys Bid Solicitation page for this RFA, including but not limited to:

· Details entered in the Header Information section;

· All RFA attachments, “Amendments” (if any), 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

1.2.4 PURCHASER SINGLE POINT OF CONTACT

The single point of contact for this RFA is identified as the “Purchaser” along with Purchaser’s contact information.

1.3 DEFINITIONS

All Definitions as applicable to this RFA are included in the Sample Contract and Statement of Work.

1.4 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFA.

1.5 PROCUREMENT AUTHORITY

Agency is conducting this RFA according to its authority under DAS Delegation #815-14 Amd #1.

1.6 PROCUREMENT METHOD

Agency intends to use the Special Procurement Process established in its special procurement number established in Request for Special Procurement No. REQ-DASOBO-00076440, in accordance with and in compliance with ORS 279B.085.

1.7 PROJECT PHASING

The Contract will be implemented in Phases. At the completion of each phase, the decision to proceed to the next phase will be at the sole discretion of Agency. Following Phase 1, each authorized subsequent phase will be negotiated and added to the Contract by amendment as a standalone statement of work.

Project phasing is anticipated as follows:

Phase 1 - The initial Contract work is to complete Phase 1 Planning, Design, Coding, and Testing.

Phase 2 - Following satisfactory Contractor performance in Phase 1, Agency, in its sole discretion may issue a Notice to Proceed to the Contract to start Phase 2. Phase 2 includes the EVR Program Implementation.

Phase 3 - Upon completion of Phase 2, Contractor and Agency will enter Phase 3 (Post-Operational Review), with a 180-day warranty period for post-implementation issues.

1.8 QUANTITY of CONTRACTS AWARDED

It is anticipated that one or more Applicants will be selected for Contract award from this solicitation. Agency, in its sole discretion, may select more or fewer Applicants based on the Applications submitted and the results of the evaluation, as set forth in Section 4.4 below.

1.9 CONTRACT DURATION

The resulting initial Contracts are anticipated to be effective by January 2025 and are expected to last approximately 5 years. Contingent upon Agency’s need and Integrator’s performance, Agency may amend the Contract for additional time not to exceed May 31, 2039..

2.0 APPLICATION REQUIREMENTS

2.1 Electronic Submittal Provisions

Applicants shall make reasonable efforts to minimize the file size of attachments so the total for all submittal files does not exceed 6 megabytes (for tips on reducing file size, see: How to reduce PDF file size (https://www.wikihow.com/Reduce-PDF-File-Size); How to reduce the size of Word documents that contain images (https://www.howtogeek.com/255379/how-to-reduce-the-size-of-microsoft-office-documents-that-contain-images/).

Agency reserves the right to reject any submittal that is unreadable.

Applicant is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

Agency is not responsible for any delays by transmission errors or delays, or for any mis delivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

Agency reserves the right to award the Contract solely on the electronically submitted Application; however, upon Agency’s request, the apparent successful Applicant shall promptly submit its complete original signed Application.

Per OAR 731-146-0150(4), in the event of a failure of an Electronic Procurement System or email system that interferes with the ability to submit electronic Applications, to protest, or to otherwise participate in the procurement, Agency may cancel the procurement or may extend the date and time of receipt of electronic Applications by providing notice of the extension immediately after the Electronic Procurement System becomes available.

By submitting an Application in response to this RFA, Applicant (and if selected for award, also as the Contractor) agrees with Agency that Signatures, and other forms of authorized representative certification, showing on documents submitted via OregonBuys or email are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and can be relied upon by the parties.

Those Applications which are incomplete, or which do not meet all requirements of the RFA, will be deemed by Agency to be "non-responsive" and will be rejected. Applications considered complete, or "responsive," will be evaluated to determine if they comply with the administrative, contractual, and technical requirements of the RFA. If the Application is unclear, the Applicant may be asked to provide written clarification to assist Agency in determining the Application’s responsiveness.

2.2 RFA Questions

All inquiries relating to the RFA process, administration, deadline or award, or to the substantive technical portions of the RFA, must be directed to the Single Point of Contact. All questions regarding the intent of program must be submitted in writing by email to the Single Point of Contact.

Modifications, if any, to this RFA will be made by written Addenda published in OregonBuys. Prospective Applicant is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFA by this reference.

2.3 Minimum Application Qualifications

Applicant must meet the Minimum Qualifications as specified in this section to proceed to the scored criteria evaluation process. If Applicant does not meet Minimum Qualifications, as solely determined by Agency, Applicant’s Application will be deemed non-responsive and rejected.

Applicants must submit a written response to the Agency clearly demonstrating how they meet the following Minimum Qualifications:

a. Business Qualifications

1. Applicant must be currently conducting or have experience providing third-party electronic vehicle title or registration services, or both, successfully in at least one other State or jurisdiction.

2. Applicant must have at least one year of successful operations providing services in the area of EVR business and systems for which they are applying.

3. If applying to issue DMV inventory as part of their services (e.g., vehicle license plates or registration stickers) Applicant must manage a single secure Central Inventory Facility (CIF) for inventory within Oregon state borders.

b. Technical Qualifications

1. Applicant’s system must interface with any Application Programming Interface (API) as determined by, or in coordination with, DMV.

2. Applicant must have network experience for all of the following:

a. Establishing and maintaining a secure network

b. Hosting a secure web interface (IP address)

c. Managing and supporting firewalls, ports, and network security

3. If applicable to Applicant’s EVR System, Applicant must demonstrate expertise with .NET architecture, SQL server, Simple Object Access Protocol (SOAP) and Representational State Transfer (REST) web service principles, and APIs.

4. Applicant’s system must be able to interface with DMV’s system using Secure File Transfer Protocol (SFTP) complying with current ODOT standards.

5. Applicant’s system must follow batch file processing protocols determined by ODOT/DMV.

6. Applicant’s system must be able to process payments using Electronic Funds Transfer (EFT) as determined by ODOT/DMV.

2.4 RESERVED

2.5 RFA Changes: Protests

Prospective Applicant may submit a Written protest of anything contained in this RFA, including but not limited to, the RFA process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Applicant’s only opportunity to protest the provisions of the RFA, except that Applicant may protest Addenda as provided below and Applicant may take exception to the terms and conditions of the Sample Contract marked as negotiable set forth in the Negotiations Section.

Prospective Applicant may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

All Protests must:

· Be delivered via email to the Purchaser identified in OregonBuys for this RFA;

· Reference the RFA number;

· Identify prospective Applicant’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest, including:

o the grounds that demonstrate how the procurement process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based

· State the proposed changes to the RFA provisions or other relief sought;

· Protests to the RFA must be received by the due date and time identified in the Schedule, RFA section 1.4;

· Protests to Addenda must be received by the due date identified in the respective Addendum.

2.6 Application Modification or Withdrawal

Applications may be withdrawn at any time prior to the scheduled closing date for the receipt of applications. If an Applicant wishes to withdraw or modify a submitted Application, Applicant must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFA in OregonBuys. Application withdrawals and modifications must be in conformance with requirements set forth in OAR 125-247-0440.

3.0 SCORED CRITERIA

Applications meeting ALL Minimum Qualifications will be evaluated in accordance with the Scored Criteria.

The Application must be organized in accordance with the below list of scored criteria:

3.1 Services Provided Maximum Points Possible: 200

a. Describe the specific services Applicant will provide.

b. Describe how the subset of EVR services proposed by the Applicant will contribute to the program’s business goals of excellent customer service and DMV workload reduction.

c. Describe how the Applicant solicits and manages customers for the specified services to be provided.

3.2 Applicant Experience and Expertise Maximum Points Possible: 150

a. Describe Applicant’s experience and capabilities providing the services identified in the Application. Be specific and identify states, agencies, projects, dates, and results.

b. Identify office locations and personnel that will be located in Oregon.

c. Describe Applicant’s development, testing and production environments.

3.3 Staff Qualifications Maximum Points Possible: 50

a. Provide summaries describing the relevant experience of Key Personnel that will be assigned to develop, maintain, and cover operations and support the EVR System.

b. Identify Applicant’s Key Personnel, their experience, roles, responsibilities, and locations of: trainers, support staff, customer service team, sales representatives, help desk, IT, and project manager.

c. Identify Applicant’s process (if any) to provide notice to DMV of Key Personnel changes, such as adding/removing Key Personnel and changes to roles and responsibilities.

d. Describe process used to conduct staff background checks.

e. Describe Applicant’s help desk and IT support processes, including number and location of staff, hours of availability; service level expectations, use of call centers, and capacity.

f. Identify any proposed subcontractors and their roles.

3.4 Compliance with IT Standards Maximum Points Possible: 150

a. Describe how Applicant’s proposed EVR System complies with DMV’s current systems design, structure, and related standards, specifications and requirements identified in this RFA.

b. Explain how Applicant intends to integrate the EVR System with DMV systems. Include level of work or involvement required by DMV employees.

c. Describe any areas where Applicant's system may require changes to be compatible with DMV's system.

d. If applicable to Applicant’s EVR System, describe Applicant’s experience with .NET architecture, SQL server, SOAP/REST Web services, and APIs.

e. Describe any file size and file type limitations of Applicant’s EVR System.

f. Specify Applicant’s capabilities in providing fully electronic customer application solution to include compliance with National Institute of Standards and Technology (NIST) standards for digital signatures.

g. If applicable, describe any proprietary equipment or software that may need to be installed at DMV.

h. Explain how Applicant will ensure responsible and transparent deployment of any artificial intelligence technologies or any cloud technologies, aligning with ODOT's commitment to ethical data handling, and inclusive digital transformation practices.

i. Specify how Applicant will ensure alignment with all ODOT and statewide artificial intelligence technology policies.

j. Describe how Applicant will ensure alignment with and the Oregon Statewide Security Control Standards .

Current state standards available at:

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx https://www.oregon.gov/das/OSCIO/Pages/SecurityGuindance.aspx

3.5 Project Plan and Schedule Maximum Points Possible: 100

a. Describe Applicant’s Project Plan for implementing the EVR System, including the earliest date Applicant can implement from date of Contract signature. The description shall be comprehensive enough in scope and detail to convey the Applicant’s ability to manage the project, including EVR Account Holder integration, within identified schedule/timeline.

b. Provide a detailed Marketing Plan Applicant intends to initiate, which would add EVR Account Holders to the EVR Program.

3.6 Training Services Maximum Points Possible: 100

a. Describe Applicant’s experience in designing, developing, and delivering training related to the processing of EVR transactions to their clients (EVR Account Holders) in similar jurisdictions. Include examples of class materials used. (

b. Provide a detailed Training Plan Applicant intends to utilize for its staff and for EVR Account Holders. The Plan should include, at a minimum, training record management, frequency, type of forum(s), and curriculum.

3.7 Program Management Controls Maximum Points Possible: 100

a. Describe Applicant’s problem identification and resolution process.

b. Explain Applicant’s risk management process.

c. Describe Applicant’s change management process, including engineering change requests, and product enhancement requests.

d. Describe Applicant’s document distribution process that should include, at a minimum, tracking, processing, and management of DMV transaction documentation.

e. Describe the system failover and disaster recovery plans and mitigations for risks to facility, inventory and inventory distribution (if applicable), supplies, data transfer and any impacts to EVR Account Holders or Agency.

3.8 Quality and Security Assurance Maximum Points Possible: 150

a. Specify the process and system the Applicant will use to collect transaction fees owed to the Agency and transfer funds to the financial account designated by DMV.

b. Define Applicant’s backup and recovery procedures that would be used in the EVR System.

c. Describe Applicant’s approach and capability to maintain privacy and access to DMV Data.

d. Describe the technical security of Applicant’s systems used to prevent data breaches and theft of customer information.

e. Describe Applicant’s corrective action plan for EVR Account Holders with errors; include re-training plan, progressive action, and plan to manage non-compliance.

f. Provide examples of Applicant’s experience and understanding of FTP protocols including security, audits, payments, and batch file processes.

g. Explain Applicant’s EVR System resubmission capabilities and any impacts these may have on transaction failures and completion timelines.

Scored Criteria Summary

4.0 EVALUATION PROCESS

4.1 Application Pass/Fail Review

Applications will be reviewed for timeliness and completeness of the RFA requirements. The following are Pass/Fail criteria:

A. Application submitted by due date and time B. Application meets Minimum Qualifications C. Application does not include conditional language about terms and conditions D. Application Cover Sheet submitted E. Tax Compliance Affidavit submitted F. Application submitted in OregonBuys G. Response to Minimum Qualifications submitted H. Inventory Plan submitted (if applicable) I. Training Plan submitted J. Example of class materials used in previous EVR Training Programs K. Marketing Plan submitted L. Applicant EVR Account Holder Agreement submitted M. Subcontractor List If an Application fails any of the above criteria, the Application will be deemed nonresponsive and will not be reviewed further.

4.2 Evaluation Process

ODOT DMV will conduct a pass/fail review. Prospective EVR Service Providers who pass all of the pass/fail criteria of Section 4.1 will move to a scored evaluation process.

Applications received on time will be reviewed against the Application Pass/Fail Review items identified in section 4.1. Applications meeting those criteria will be forwarded to an evaluation committee that will independently review Applications according to the Scoring Criteria set forth in RFA section 3.0. Evaluation Scores will be totaled and prospective EVR Service Providers will be ranked accordingly from highest to lowest. Agency reserves the right to award to one or more applicants and determine the sequence for onboarding and executing contracts in Agency’s sole discretion.

a. Prior to issuing a Notice of Intent to Award, ODOT DMV may require Applicants to participate in interviews, presentations, or demonstrations. If ODOT DMV conducts interviews, presentations, or demonstrations, ODOT DMV may rescore any of the criteria above based on additional information learned in the interviews, presentations or demonstrations.

b. ODOT DMV will issue a Notice of Intent to Award establishing a list of all awardees in the ranking order of highest to lowest based on scores received from evaluation of criteria in RFA section 3.0. ODOT DMV estimates issuing a Notice of Intent to Award to the 5 highest ranked Applicants, or a lower number of Applicants as a natural break in scoring may occur.

c. ODOT DMV intends to execute a Contract with each EVR Service Provider that successfully completes negotiations beginning with the highest ranked applicant (EVR Service Provider 1) and proceeding with the next highest ranked applicant through the ranked order. DMV reserves the right, in its discretion, to change the priority of negotiations based on the need for DMV to have all of the service categories covered as quickly as possible, in the event that a lower priority awardee provides a service category not provided by all higher ranked awardees.

d. ODOT DMV will issue a Notice to Proceed for Phase 1 – “Planning, Design, Coding, and Testing” (the “Work”) with highest ranked EVR Service Provider (EVR Service Provider 1) under Contract.

e. Upon receipt of the Notice to Proceed, EVR Service Provider 1 will begin Phase 1 Work pursuant to the project schedule as negotiated with ODOT DMV. If EVR Service Provider 1 does not substantially meet the project schedule, ODOT DMV may, at its sole discretion, suspend Phase 1 Work with EVR Service Provider 1 until a later date.

f. If Phase 1 Work is successfully completed, ODOT DMV will issue a Notice to Proceed to EVR Service Provider 1 for Phase 2 – “EVR Program Implementation.”

g. As ODOT DMV has capacity to begin Phase 1 Work with the next highest ranked EVR Service Provider under contract, (EVR Service Provider 2) ODOT DMV will issue a Notice to Proceed to EVR Service Provider 2. Upon receipt of the Notice to Proceed, EVR Service Provider 2 will begin Phase 1 Work pursuant to the project schedule as negotiated with ODOT DMV. If EVR Service Provider 2 does not substantially meet the project schedule, ODOT DMV may, at its sole discretion, suspend Phase 1 Work with EVR Service Provider 2 until a later date.

h. If Phase 1 Work is successfully completed, ODOT DMV will issue a Notice to Proceed to EVR Service Provider 2 for Phase 2 – “EVR Program Implementation.”

i. This process will continue through the list of applicants in the ranking order from highest to lowest with EVR Service Providers who are under Contract.

j. ODOT DMV reserves the right to re-open RFA opportunities any number of times as the business needs deem necessary and to award additional contracts to additional EVR Service Providers in ODOT DMV’s sole discretion.

k. If ODOT DMV receives only one Application, ODOT DMV may dispense with the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

l. The Incumbent is eligible to propose under the RFA and, if selected for award, will negotiate a new contract with ODOT DMV in accordance with the process set forth above. For business continuity purposes, ODOT DMV may continue using the Incumbent services under its existing contract until alternative services are available under this procurement and termination of the Incumbent services under the existing contract will not, in ODOT DMV’s discretion, be disruptive to ODOT DMV’s business processes.

4.5 Award Protest

Every Applicant who submits an Application shall be notified of their selection status. Any Applicant who claims to have been adversely affected or aggrieved by the selection of (the highest ranked/the higher ranked) Applicant(s) may submit a written protest of the selection to the Single Point of Contact identified on page 1 of this RFA within 7 calendar days after the date of the Notice of Intent to Award. Agency will not consider any protest submitted after this submittal deadline. Agency will not consider award protests based on anything contained in the RFA – protests regarding content of the RFA must be submitted during the solicitation protest period described in RFA section 2.5.

The award protest must clearly be based on at least one of the protest criteria provided in ORS 279B.410, including that the protesting Applicant claims it is the highest ranked Applicant, or is within the class of higher ranked Applicants with whom Agency will negotiate Contracts, because the Applications of all higher ranked Applicants failed to meet the requirements of the RFA or because the higher ranked Applicants otherwise are not qualified to perform the Services. Agency will resolve all timely submitted protests in accordance with applicable Oregon Administrative Rules.

5.0 GENERAL RFA TERMS AND CONDITIONS

5.1 Agency may require clarification to understand any of the Applicants’ scored criteria. Any necessary clarifications or modifications will be made before executing any award and may become part of the final Contract.

5.2 Submission of an Application does not constitute an agreement between Agency and Applicant, nor does it secure or imply that Applicant will be selected.

5.3 Agency may at its discretion, seek to to amend the Contract, which results from this RFA. Contract amendments may include increase in time, consideration or changes within the Statement of Work, and shall occur only upon mutual consent and signature by all parties to the Contract. All amendments shall be in writing and shall conform to the amendment process.

5.4 Agency reserves the right to re-open RFA opportunities any number of times as the business needs deem necessary.

5.5 By submitting an Application to this RFA, Applicant accepts all terms and conditions of this RFA and the sample Contract except as they may have been reserved for negotiation by Agency below. Unless an official addendum has modified or reserved the right to negotiate any terms and conditions contained in the Contract or exhibits thereto, Agency will not negotiate any term or condition after the solicitation protest deadline unless otherwise indicated below. Agency reserves the right to negotiate the following items and any item that may be identified by the Agency to be in its best interest:

a. Applicants’ submitted Training Plan

b. Applicants’ submitted Inventory Plan (if applicable)

c. Applicants’ submitted Marketing Plan

d. Annual Maintenance and Technical Support

e. Programming Services

f. Support Services

g. Training Services

h. Minor Scope and Technical Requirements

i. Indemnity

j. Intellectual Property & Software Ownership Licenses

k. Maintenance and Support Agreement Licenses

l. Limitation of Liability Any Application that is received conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate will be rejected. Any subsequent negotiated changes may be subject to prior approval by the Oregon Department of Justice.

5.6 All costs associated with Applicant’s submission of an Application are the sole responsibility of the Applicant and shall not be borne by the state of Oregon.

5.7 Successful applicants will be required to maintain specific levels of Workers Compensation, General Liability, and Automobile Liability insurance as listed in Exhibit B of the Sample Contract (see Attachment 2).

5.8 ORS 60.701 requires that foreign corporations be registered by the State of Oregon, Office of the Secretary of State, before conducting business in the state. A foreign corporation (ORS 60.001) means a corporation-for-profit incorporated under a law other than the law of the State of Oregon. If a firm is selected for the Contract as a result of this solicitation they must register to do business in Oregon.

5.9 Agency reserves the right, at its sole discretion: (1) to amend the RFA prior to the closing date (2) to amend the deadline for submitting Applications; (3) to determine whether an Application does or does not substantially comply with the requirements of this RFA; (4) to waive any minor irregularity, informality, or nonconformance with this RFA; (5) to obtain from or provide to other public agencies, upon request, references, regarding Applicant’s performance; (6) at any time prior to Contract execution: (a) to reject any Application that fails to substantially comply with all prescribed RFA procedures and requirements; and (b) to reject all Applications received and cancel this RFA upon a finding by Agency that there is good cause and that such cancellation would be in the best interests of the State; and (7) seek clarification on any or all Applications.

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

A. All Applications submitted in response to this RFA become the Property of Agency. By submitting an Application in response to this RFA, Applicant 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 Application solely for the purpose of evaluating the Application, negotiating a Contract, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Applications, including supporting materials, will not be returned to Applicant, except in the case of Applications that were submitted late and rejected by Agency.

B. If Applicant believes any of its Application is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Applicant shall submit a completed and signed Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Application, clearly identified as the redacted version.

5.11 The successful applicant(s) will be required to assume responsibility for all services outlined and finalized in the Contract, whether performed by the Applicant, a representative, assignee, or subcontractor. Agency considers the Applicant responsible for any and all contractual matters, including performance of work and the stated deliverables.

6.0 ATTACHMENTS

ATTACHMENT 1: APPLICATION COVER SHEET

Placeholder

ATTACHMENT 2: SAMPLE CONTRACT

ATTACHMENT 3: TAX COMPLIANCE AFFIDAVIT

ATTACHMENT 4: DISCLOSURE EXEMPTION CERTIFICATION

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