35678 RFP.docx

State of Oregon

Oregon Department of Transportation Request for Proposal (“RFP”) RFP TITLE: Mobile Lidar system RFP/Bid Solicitation Number: #S-73000-00007021 (PCMS RFP #:35678) Date of Issue: See “Available Date” for this RFP in OregonBuys Opening Date and Time: See “Bid Opening Date” and time for this RFP in OregonBuys.

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

Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 1.3 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

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

· 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 Proposal 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 proposals 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.

RFP/Bid Solicitation #S-73000-00007021 (PCMS # 35678) – Mobile Lidar System

DAS Version 4.5 –ODOT Form S011-G050823 Page 4 of 33 Table of Contents

ATTACHMENT A - SAMPLE PRICE AGREEMENT

ATTACHMENT B – DISCLOSURE EXEMPTION CERTIFICATION

ATTACHMENT C – PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – RESERVED

ATTACHMENT E – PRICE PROPOSAL FORM

ATTACHMENT F – RESPONSIBILITY INQUIRY

ATTACHMENT G – SPECIFICATIONS

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal (“RFP”) under the provisions of ORS 279B.060 for a mobile lidar system, software licensing, training, support, maintenance, and repair.

Additional details on the Scope of the Goods or Services or both are included in Section 2.3 Overview and Purpose, and Attachment G (Specifications).

Agency anticipates the award of one 1 Price Agreement from this RFP.

Agency may issue purchase orders(“POs”) or work order contracts (“WOCs”) pursuant to this Price Agreement up to 10 years from the effective date of the Price Agreement.

Any purchases under the Price Agreement must be authorized by POs or WOCs issued by Agency in accordance with the ordering procedures described in the Attachment A (Sample Price Agreement). Proposers are advised that there is no guarantee of any specific amount of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

ODOT reserves the right to amend the Price Agreement awarded from this solicitation, from time to time, to evolve with technology and add updated, revised, replacement, or additional products that meet the business and functional requirements for the system or services described in Attachment G (Specifications).

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 RFP.

OREGONBUYS

Registration Requirement; OregonBuys User Guides.

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.

Crosswalk of Terms used In OregonBuys

RFP ATTACHMENTS

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, “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.

SINGLE POINT OF CONTACT

The single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” in OregonBuys.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (“DAS”) delegation 1095-20 (as amended), DAS Tiered Delegation Agreement.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below and in RFP section 1.3.2 - Crosswalk of Terms used In OregonBuys.

Acquisition Software – Scanner software used in acquisition or capture of data points.

BeiDou – means the Big Dipper, a GNSS owned and operated by the People’s Republic of China.

COI – Conflict of Interest Contractor – means a Proposer awarded a Price Agreement under RFP.

DAS – Department of Administrative Services Galileo – means the GNSS operated by the European Union.

GLONASS – means Globalnaya Navigatsionnaya Sputnikovaya Sistema, a GNSS owned and operated by the Russian Federation.

GNSS – Global navigation satellite system Good – means any equipment, hardware or licenses necessary to perform the Services required in this RFP.

GPS – Global Positioning System, a GNSS owned and operated by the United States of America.

HZ - Hertz IMU - means Inertial measurement unit LAS – means laser format LiDAR – Light Detection and Ranging MPx - Megapixel NTE – Not to Exceed OAR – Oregon Administrative Rule ORS – Oregon Revised Statute PO – Purchase Order Processing Software – Software used to process lidar, trajectory, and image dataset from raw format to industry standard deliverable formats.

Services – means any services related to hardware or equipment function and maintenance, and customer support services.

SLA – Service Level Agreement TerraSolid – means software for point cloud and image processing WOC – Work Order Contract

OVERVIEW AND PURPOSE

The Oregon Department of Transportation (“ODOT” or “Agency”) is seeking Proposals from qualified Contractors to provide a mobile lidar system, along with necessary software licensing, training, maintenance, and repair services. Goods will be ordered through POs issued under a PA, and services will be issued under WOCs issued under a PA.

ODOT anticipates the award of 1 price agreement to a Contractor for the Goods and Services that meet the Specifications stated in Attachment G. ODOT has an immediate need for some of the Goods and/or Services and anticipates issuing a PO for the awarded mobile lidar system meeting the specifications in Attachment G at the time of PA execution with a delivery date on or before June 30, 2023.

SPECIFICATIONS

The selected Proposer shall deliver the mobile lidar system, as specified in Proposer’s proposal and in this RFP, to Agency in accordance with the terms and conditions of the RFP and resulting PA.

A detailed list of the specifications is included in this RFP and Attachment G (Specifications).

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must be a registered vendor in OregonBuys and Proposal must demonstrate how Proposer meets all requirements of this section 3:

MINIMUM SUBMISSION REQUIREMENTS

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

· Proposer Information and Certification Sheet (Attachment C) Disclosure Exemption Certification (Attachment B) – submit only 1 copy if applicable - see Proposal Format and Quantity section below) Price Proposal Form (Attachment E) Product description and delivery information for the Goods included in Proposal A description of the Services included in Proposal, including: training, maintenance, support, and any other proposed services See RFP section 5.3 for submittal requirements of selected firm after award notice.

Proposal Page Limits Proposal is limited to 5 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

Disclosure Exemption Certification (Attachment B) Proposer Information and Certification Sheet (Attachment C) Price Proposal (Attachment E) 1 copy of Acquisition Software Terms and Conditions 1 copy of any License Agreement(s), as applicable 1 copy of Maintenance Agreement, if applicable 1 copy of Training Materials, if applicable 1 copy of Warranty, if applicable Proposal Format Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

· Price information must be submitted via OregonBuys (see RFP section 3.3.3 for detailed format and submittal requirements).

· All other required submittal items must be submitted via OregonBuys in Adobe Acrobat (pdf) or Microsoft Word (docx) format.

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

Electronic Submittal Provisions

PROPOSAL REQUIREMENTS

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

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

Proposer Information and Certification Sheet Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the “APPROVED” checkbox marked to certify approval of the Proposal and compliance with Oregon Tax Laws by a duly authorized representative empowered to bind the Proposer. Failure to demonstrate compliance with Oregon Tax Laws may result in a finding of non-Responsibility.

Also mark the appropriate box for item 10 regarding Conflict of Interest (“COI”) disclosures. If disclosures are required for Proposer or any subs, use COI Disclosure Form(s) linked on Attachment C to make the disclosures.

References Provide 3 references from current or former client firms for similar projects performed within the last 4 years. List the reference contact information in Appendix 1 of RFP Attachment C. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Price Proposal Submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab of the Bid Solicitation for this RFP, with pricing based on the required delivery schedule.

Technical Proposal Accuracy of Scanner Components - Briefly describe the accuracy of components for Proposed system that meets the Specifications in Attachment G.

Acquisition Software Ease of Use - Provide a description of the features included in the Acquisition Software that enables users to easily collect data for a specified area of interest.

Acquisition Software Terms and Conditions Submit any acquisition software terms and conditions for the products or system. (Please note that the acquisition agreement is negotiable under this RFP).

License Agreements Submit any end user license agreements or other license agreements for the products or system. (Please note that the license agreements are negotiable under this RFP).

Maintenance Agreements Submit any software maintenance and service level agreements offered for the system, if any. Indicate what is included under each specified agreement and the term length. For the software maintenance agreement, specify what types of updates/upgrades are included. (Please note that the maintenance agreement is negotiable under this RFP).

Training Offered Submit any training plans and other training materials Proposer intends to offer Agency for use of proposed system. Include the syllabus and the intended goals/outcomes of the session. (Please note that the specific training, including its price, is negotiable under this RFP).

Warranty Indicate any warranties Proposer will offer with respect to the proposed system. Describe what the warranty covers and identify term length options. (Please note that the warranty is negotiable under this RFP).

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system (https://oregonbuys.gov/bso). RFP documents will not be mailed to prospective Proposers.

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

PREPROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, the intent or technical aspects of the RFP, contractual requirements, or any other provision must:

Be submitted using the “Bid Q&A” button for this solicitation in OregonBuys; or e-mailed directly to the Single Point of Contact at: Kristy.h.smith@odot.oregon.gov;

Refer to the specific area of the RFP 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, RFP section 1.2.

SOLICITATION PROTESTS

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

Protests to Addenda Prospective Proposer 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.

Requirements for Protests All Protests must:

Be delivered via email to the Single Point of Contact identified in OregonBuys for this RFP;

Reference the RFP number S-73000-00007021;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based State the proposed changes to the RFP provisions or other relief sought;

Protests to the RFP must be received by the due date and time identified in the Schedule, RFP section 1.2;

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

PROPOSAL SUBMITTAL VIA OREGONBUYS

Proposer 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 misdelivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to withdraw or modify a submitted Proposal, Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFP in OregonBuys. Proposal withdrawals and modifications must be in conformance with requirements set forth in OAR 125-247-0440.

PROPOSAL DUE

A Proposal (including all required submittal items) must be received in OregonBuys on or before the Bid Opening Date and time for this RFP specified in OregonBuys.

A Proposal received after the Bid Opening Date and time is considered LATE and will NOT be accepted for evaluation.

PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 137-047-0630. However, Agency will record and make available the identity of all Proposers after Opening.

PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

Proposer fails to substantially comply with all prescribed RFP procedures and requirements.

Proposer has liquidated and delinquent debt owed to the State or any agency, board, commission, department or division of the State.

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

Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the Single Point of Contact or persons authorized by the Single Point of Contact, or makes inappropriate contact with the Single Point of Contact.

Proposer attempts to influence a member of the Evaluation Committee.

Proposal 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 RFP or Addenda.

EVALUATION PROCESS

Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the Single Point of Contact may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Single Point of Contact finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.10.1.2 Responsibility determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) following receipt of Intent to Award notice as required in RFP section 5.3.4.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Evaluation Criteria Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available listed for each scored item.

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

4.10.2.1 Evaluation Item 1 - Accuracy of Scanner Components Max Points: 40 Describe the accuracy of the components for the proposed mobile lidar system that meets the specifications listed in Attachment G (Specifications).

4.10.2.2 Evaluation Item 2 Acquisition Software Features Max Points: 40 Describe the features included in the Acquisition Software for the proposed mobile lidar system.

Describe how the features included in the Acquisition Software enable users to easily use the product.

PRICE EVALUATION Max Points: 20 Following scoring and ranking of Proposals based on the qualifications-based criteria, the Single Point of Contact will conduct the price evaluation. The Single Point of Contact will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

price being scored

PREFERENCES

4.10.4.1 Oregon Supplies and Services

Agency prefers Oregon Goods and Services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state (https://www.oregon.gov/DAS/EGS/ps/Pages/reciprocal.aspx.

4.10.4.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.4.4 Tiebreakers

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

4.10.4.5 Conflict Minerals Preference

To the extent performance under the Price Agreement requires the use of conflict minerals, Agency shall grant a 5% preference to the Price Proposal for any Proposer who states in the Proposal:

1. Whether and to what extent any of the materials the prospective contractor or an affiliated entity of the prospective contractor intends to use in performing the public contract are conflict minerals; and

1. That the prospective contractor’s and the affiliated entity’s disclosures, policies, practices and procedures with respect to procuring conflict minerals comply with the most recent edition of the Organization for Economic Cooperation and Development’s Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High- Risk Areas.

“Affiliated entity” means an entity that a prospective contractor controls, that controls the prospective contractor or that another entity controls in common with the prospective contractor.

“Conflict minerals” means:

1. Columbite-tantalite or an ore for tantalum;

1. Cassiterite or an ore for tin;

1. Wolframite or an ore for tungsten;

1. Gold;

1. A derivative of any of the minerals identified in subparagraph (A), (B), (C) or (D) of this paragraph; or

1. Any other mineral or derivative of a mineral the extraction, sale, distribution or use of which a state contracting agency determines, based on findings that the United States Secretary of State makes, is financing conflict in the Democratic Republic of the Congo or a country that shares an internationally recognized border with the Democratic Republic of the Congo.

POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

The maximum points possible for each evaluation item are listed in the table below.

The Single Point of Contact will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Single Point of Contact as stated in Section 4.10.3 - Price Evaluation. Applicable preferences in section 4.10.4 are applied to the price score as appropriate to determine the final price score.

RANKING OF PROPOSERS

The Single Point of Contact will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

The Single Point of Contact will combine the average score for each Proposal with Proposer’s price score and averaged reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if, in Agency’s sole discretion, it is in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers

SECTION 1: AWARD AND NEGOTIATION

1.1 AWARD NOTIFICATION PROCESS

1.1.1 Award Consideration

Agency, if it awards a Price Agreement, will award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

1.1.2 Intent to Award Notice

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

1.2 INTENT TO AWARD PROTEST

1.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive.

Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

5.2.1.1 Protest Requirements:

Protests must:

Be submitted via email to the Single Point of Contact identified for this RFP in OregonBuys;

Reference the RFP number S-73000-00007021;

Identify Proposer’s name and contact information;

Be signed by an authorized representative;

Specify the grounds for the protest; and Be received within 7 calendar days of the Intent to Award notice.

1.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

1.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a Price Agreement award under this RFP will be required to submit additional information via email and comply with the following:

1.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

1.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

1.3.3 Business Registry

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

1.3.4 Responsibility Inquiry

Within 2 Business Days following the Intent to Award notice, Proposer shall complete and submit Attachment F (Responsibility Inquiry).

1.3.5 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall 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 - For instructions on how to obtain the Certificate visithttps://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx. This requirement is also set forth on Attachment G (Responsibility Inquiry).

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

1.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment C (Proposer Information and Certification Sheet) that, in accordance with ORS 279A.112, Proposer has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

1.4 PRICE AGREEMENT NEGOTIATION

1.4.1 Negotiation

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

Proposer shall review the attached Sample Price Agreement and note exceptions. Proposer must submit those exceptions to Agency during the RFP Protest period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Price Agreement, Agency will issue an Addendum to notify Proposers of such changes. Unless Agency issues an Addendum modifying any of the terms and conditions, Agency intends to enter into a Price Agreement with the successful Proposer substantially in the form set forth in Sample Price Agreement (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions (listed below) of the Sample Price Agreement. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

Agency is willing to negotiate all items, except those listed below:

Choice of law Choice of venue Constitutional requirements Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within 30 calendar days of the beginning of negotiations, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 2: ADDITIONAL INFORMATION

2.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

2.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, see the Certified Vendor Directory available on the COBID website.

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

2.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, 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.

2.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals 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.

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

2.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP 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 any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

2.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

2.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website (https://www.oregon.gov/das/Pages/index.aspx) and use the search bar feature to locate the procedure.

2.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Price Agreement. (ORS 279B.025) image1.jpeg