35845 GHSA Manual RFP_final.doc

RFP/Bid Solicitation S-73000-00009088, GHSA Policy Manual Update

State of Oregon

Intermediate Request for Proposal (“RFP”) Issued by: Oregon Department of Transportation RFP TITLE: GHSA Manual Update RFP/Bid Solicitation Number: S-73000-00009088 Notes:

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

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

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.

A pre-Proposal conference will not be held.

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.

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

41.2

SCHEDULE

41.3

OREGONBUYS

51.4

RFP ATTACHMENTS

51.5

PURCHASER/SINGLE POINT OF CONTACT

6SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

62.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

62.3 OVERVIEW, BACKGROUND and PURPOSE

62.4

SCOPE OF WORK

8SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

83.1

MINIMUM QUALIFICATIONS

83.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

PROCUREMENT PROCESS

103.4

PROPOSAL CONTENT REQUIREMENTS

123.5

EVALUATION PROCESS

133.6

PRICE EVALUATION

143.7

NEXT STEP DETERMINATION

143.8

PREFERENCES

143.9

POINT AND SCORE CALCULATIONS

153.10

RANKING OF PROPOSERS

15SECTION 4:

AWARD AND NEGOTIATION

154.1

AWARD NOTIFICATION PROCESS

164.2

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

174.3

CONTRACT NEGOTIATION

17SECTION 5:

ADDITIONAL INFORMATION

175.1

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

175.2

GOVERNING LAWS AND REGULATIONS

185.3

OWNERSHIP/PERMISSION TO USE MATERIALS

185.4

CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

185.5

COST OF SUBMITTING A PROPOSAL

185.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

185.7

RECYCLABLE PRODUCTS

185.8

RESERVED

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation’s Transportation Safety Office , (“Agency”), is issuing this Request for Proposals for updating Agency’s Grants Management Manual “Manual”. Under the current federal transportation funding bill, the Bipartisan Infrastructure Bill (BIL/IIJA) for best practices requires that every State and Territorial Highway Safety Office have an up-to-date Manual, which documents standard operating procedures and the management of the highway safety program per federal guidelines and Rule. Agency seeks a Contractor that will update its Manual.

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 RFP. The initial term of the Contract is anticipated to be less than 1 year. It is anticipated that the work shall be completed by the Spring of 2024.

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. N/A denotes that event is not applicable to this RFP.

1.3 OREGONBUYS

1.3.1 Registration Requirement. All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

For quick reference information regarding common questions from vendors when using OregonBuys, see User Guides under “OregonBuys eProcurement System” on the Contracting with ODOT webpage: https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx

1.3.2 Crosswalk of Terms used in OregonBuys

1.4 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.

1.5 PURCHASER/SINGLE POINT OF CONTACT

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and ORS 279A.050(3).

2.2 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.

2.3 OVERVIEW, BACKGROUND and PURPOSE

Under the current federal transportation funding bill, the BIL/IIJA Act, best practice requires that every State and Territorial Highway Safety Office (SHSO) have an up-to-date Policy and Procedures Manual (“Manual”) which documents standard operating procedures and the management of the highway safety program. This requirement continues under the Infrastructure Investment and Jobs Act (IIJA) which went into effect on October 1, 2023 (the start of the new Federal Fiscal Year). The Manual is designed for use by SHSO staff and subrecipients to guide the administration of a state’s behavioral traffic safety program in compliance with National Highway Traffic Safety Administration (NHTSA, the Federal oversight agency for behavioral highway safety programs) regulations. Keeping the Manual up to date is an ongoing process that requires monitoring federal and state policy and ensuring that SHSO procedures align with all policy changes. The SHSO must also inform all Manual users when it is updated as well as ensure compliance with all policies and procedures as outlined in the Manual.

Agency needs assistance to review and update the content of its current Manual to ensure compliance with all federal and state grants management policies and procedures.

2.4 SCOPE OF WORK

The successful Contractor shall review and update the content of its current Manual to ensure compliance with all federal and state grants management policies and procedures addressing the Office of Management and Budget 2 CFR Chapter I, and Chapter II, Parts 200, 215, 220, 225, and 230:

Uniform Administrative Requirements, and 23 CFR 1300 (Final Rule), under which Agency’s grants operate. The successful Contractor shall work with Agency to develop a user-friendly Manual that is clear, concise, and easy to revise.

To accomplish this task, the following questions and topics must be addressed through discussion with Agency:

Who is currently using the Manual and how, and who should have access to it?

When was the Manual last updated and what documentation is available to ensure compliance with all applicable state guidelines?

What is the process and timeline for awarding and administering grants and is this clearly outlined in the current Manual?

What is the preferred final format (i.e., hard copy, e-file, Web document)?

Will a Frequently Asked Questions section be of value to the user? If so, what are the 6-10 most frequently asked questions?

Who will work with Contractor to ensure all content is reviewed by the appropriate Agency staff and verified for accuracy?

Agency will forward an electronic version of its current Manual and any other pertinent documents (e.g., state policies and procedures; governing grants administered by Agency; organization chart and Agency contact information; grants administration timelines, flow charts or calendars; grantee orientation materials; E-Grants Manual/overview) to Contractor for review.

Following the Manual and document review, Contractor shall meet with Agency staff at Agency’s offices to discuss the questions listed above, as well as any other issues relevant to the project. This discussion will identify what must be updated, and also serves as a team building exercise. Contractor shall lead Agency through a review of the prescribed procedures to determine if they align with current practice and, if there is a discrepancy, help Agency build consensus. Contractor shall incorporate these changes into a draft Manual that must include the following chapters: Planning, Subrecipient Project Development Process, Grant Administration, Grant Monitoring, Fiscal Procedures, Matching Funds, Grant Tracking Systems, Annual Evaluation Reporting, and Manual Updating and Management. The Manual must also include definitions for frequently used terms and acronyms, along with frequently asked questions.

Agency will forward all necessary documentation to Contractor and participate in a two-day onsite meeting with Contractor in Salem, Oregon at a mutually determined date. Ten business days following this meeting, Contractor shall email an outline to Agency for review and comment. Agency will provide electronic feedback to Contractor within 15 business days of receiving the outline.

Contractor shall email a first draft of the updated Manual 45 business days following receipt of Agency comments. Agency will provide electronic feedback to the consultant within 20 business days of receiving the first draft. Contractor and Agency shall meet via conference or video call (as soon as possible following Agency review) to discuss and reach consensus on the recommended edits, revisions and questions as well as identify other issues and questions requiring additional research on the part of Agency or Contractor. Agency and Contractor shall work over the next 30 business days to resolve all open questions and issues and produce a second draft for Agency final review and approval.

Agency anticipates that Contractor shall provide the final Manual (in Microsoft Word) to Agency on or before April 1, 2024.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

3.1.1 Reserved

3.1.2 Reserved

3.1.3 Reserved

3.1.4 Key Person Requirements

Key Persons must have a minimum of 3 years working with, or directly for, a State and Territorial Highway Safety Office (SHSO) that has applied for, received and managed NHTSA federal grant awards.

3.1.5 Other Requirements:

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Page Limit

· Price information must be submitted via OregonBuys (see RFP section 3.4.3 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.

3.2.2 RESERVED

3.2.3 Electronic Submittal Provisions

3.2.3.1 Proposers 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 information at the following link:* How to reduce PDF file size; How to reduce the size of Word documents that contain images).

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

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

3.2.3.4 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 Proposals, 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 Proposals by providing notice of the extension immediately after the Electronic Procurement System becomes available.

3.2.3.5 By submitting a Proposal in response to this RFP, Proposer (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 are intended to be and can be relied upon by the parties.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all attachments and any Addenda, is published in the OregonBuys eProcurement system at 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.

3.3.2 Questions / Requests for Clarification

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,

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

· Be received in OregonBuys by the due date and time for Questions/Requests for Clarification identified in the Schedule, RFP section 1.2.

3.3.3 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.

3.3.4 Modification or Withdrawal of Proposals

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 137-047-0440

3.3.5 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.

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

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

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

· Proposer attempts to inappropriately 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.

3.3.7 Opening of Proposal

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. However, Agency will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT 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 will be considered non-Responsive to this RFP and will not be considered further.

3.4.1 Proposer Information and Certification Sheet

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C), with the following:

· “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.

· Appropriate box marked for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, complete and submit COI Disclosure Form(s) linked on Attachment C to make the disclosures.

3.4.2 Reserved

3.4.3 Price Proposal

Enter and submit in OregonBuys the price(s) required in the Item Information section of the Bid Solicitation for this RFP.

In addition to the price(s) entered in the OregonBuys Item Information section, submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The detailed Price Proposal must include the following items:

· For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed prices,

· The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

· For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work, and list the salary/wage and fringe rate separately for each such individual.

Submit Attachment E – Proposed Fully-Burdened Billing Rates as a separate file uploaded via the Attachments tab for this RFP in OregonBuys.. Provide the fully-burdened rates (inclusive of labor cost, overhead and profit) for up to 8 key staff proposed to work under the prospective Contract.

· List the names, classifications, duties and fully-burdened rate for each of the key staff proposed.

· Include the estimated percent of overall budget for each of the key staff. The percentages listed for individual key staff must total 100% for all.

The total weighted rate calculated on Attachment E will be used for “Price Proposal” scoring purposes only. Agency reserves the right to negotiate the final price and billing rates under this Contract with the successful Proposer.

3.4.4 Technical Proposal

Submit a Technical Proposal (up to the page limit set forth in section 3.2.2) which must:

· Demonstrate that Proposer meets any minimum qualifications specified in RFP section 3.1.

· Include responses to address each of the evaluation criteria listed in section 3.5.2. Responses must describe how Proposer meets the requirements specified in this RFP as related to the evaluation criteria. Responses must be clear and concise and should be labeled to indicate the item being addressed.

3.4.5 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal 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), Proposer shall complete and submit the Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal.

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

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Bid Opening Date and time for this RFP will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. If the Proposal is unclear, the Purchaser may request clarification from a Proposer. However, clarifications may only clarify or explain portions of the already submitted Proposal and may not be used to rehabilitate a non-Responsive Proposal. If the Purchaser finds the Proposal non-Responsive, the Proposal may be rejected, however, Agency may waive mistakes in accordance with OAR 137-047-0470.

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

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. 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.

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

3.5.2.1 Evaluation Item 1: RFP Submittal Requirements

· How well does the RFP technical response comply to Oregon’s procurement submittal requirements, as outlined in the RFP?

3.5.2.2 Evaluation Item 2: Relevant Knowledge, Skills, and Abilities (KSAs)

· How extensive is the applicant’s KSA 1ys relative to the needed tasks for this RFP?

3.5.2.3 Evaluation Item 3: RFP response’s content/grammar

· Did the technical response include precise, understandable, and clear language; language and intent are not ambiguous or unclear.

3.5.2.4 Evaluation Item 4: Proposed tasks and associated timelines

· How feasible are the proposed tasks and related timelines to complete the project? Are tasks/timelines relevant and reasonable to achieve success in meeting the RFP requirements?

3.6 PRICE EVALUATION

Following scoring and ranking of Proposals based on the qualifications-based criteria, the Purchaser will conduct the price evaluation. The Purchaser 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

3.7 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 Proposers 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 Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

3.8.1 Reserved

3.8.2 Reserved

3.8.3 Tiebreakers

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

3.9 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 Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation. Applicable preferences in section 3.8 are applied to the price score as appropriate to determine the final price score.

3.10 RANKING OF PROPOSERS

The Purchaser will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with final price score. Purchaser will determine rank order for each respective Proposal and Proposer, 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 Proposer(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined 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.

4.1.2 Notice of Award

Agency will notify all Proposers in Writing that Agency is awarding a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

The apparent successful Proposer 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 Proposer 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, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer 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.

4.2.4 Responsibility Inquiry Form

Selected Proposer(s) shall submit a completed, accurate and signed Responsibility Inquiry form within 5 business days of receipt of Intent to Award notice (see form for additional information regarding Agency’s responsibility review). The Responsibility Inquiry form is available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/PSK.aspx (under Miscellaneous Procurement Forms) and may be submitted as hard copy or electronically via e-mail.

4.2.5 Reserved

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

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

In compliance with Oregon State laws, the following items may not be negotiated between Agency and the apparent successful Proposer:

· Choice of law

· Choice of venue

· Constitutional requirements

· All applicable Federal and State requirements 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 Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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.

5.2 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 from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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 an 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.

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

5.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting 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, or costs associated with protests.

5.6 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. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025) DAS Ver 4; ODOT 05/08/23