5307-0 RFP Amendment 3.pdf

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services and Department of Education Joint Cooperative Procurement

Request for Applications (RFA) ODHS-5307-22

SUMMER WORK EXPERIENCE SERVICES

FOR TRANSITION-AGE STUDENTS WITH DISABILITIES

Date of Issue: February 14, 2022

2023 Summer Work Season services Application deadline: April 20, 2022

Closing Date: September 30, 2027

Issuing Office and Single Point of Contact (SPC):

ODHS Office of Contracts and Procurement (OCP) Jason Fong, ODHS Contracts Specialist 635 Capitol Street NE Suite 350 Salem, Oregon 97301 Telephone: (971) 374-3507 Email: jason.fong@dhsoha.state.or.us

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 RFA SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY AND DEFINITIONS

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 OVERVIEW

3.2 SCOPE OF WORK

SECTION 4: PROCUREMENT REQUIREMENTS AND EVALUATION

4.1 MINIMUM APPLICATION REQUIREMENTS

4.2 TECHNICAL REQUIREMENTS

4.3 SUBMISSION REQUIREMENTS

4.4 PROCUREMENT PROCESS

4.5 APPLICATION CONTENT REQUIREMENTS

4.6 EVALUATION PROCESS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 AWARDED CONTRACTOR REQUIREMENTS

5.3 CONTRACT OR AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFA; REJECTION OF APPLICATIONS; NO DAMAGES

6.4 COST OF SUBMITTING AN APPLICATION

6.5 CHECKLIST DISCLAIMER

6.6 AGENCY RESERVATION OF RIGHTS

SECTION 7: LIST OF ATTACHMENTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, jointly through its Oregon Department of Human Services (ODHS) and Department of Education (ODE), collectively referred to as “Agency” throughout this RFA, requests applications from qualified individuals, firms, schools, school districts, Educational Service Districts (ESD), and units of local and county-based governments, collectively referred to as “Applicants,” to create, maintain, supervise and sustain Summer Work Experience programs, that are inclusive of meeting the unique individual needs of the Students served, to Transition-age Students with documented disabilities.

This summer work experience acknowledges that Students with disabilities may not have the experience to enter the workforce yet. Through assessments and other methodologies, Students’ interests can show the type of employment path or journey a student needs in order to be a successful, contributing adult. Integrated, community-based work experiences for Students allow for future goal setting and identification of specific, unique needs a student with disabilities may require to be successful at work. These experiences are for the breadth of Students with disabilities and shall include a minimum of twenty-percent Students with intellectual and/or developmental disabilities (I/DD). With a combination of pre-employment transition services and work experiences, the goal of this program is to prepare Students for future employment as well as to be employed prior to leaving the transition program. The evidence-based concept that students with disabilities are more likely to stay employed if employed prior to leaving school funded services.

ODHS will represent both ODHS and ODE in this solicitation process and will act as the Administrator for Contracts and Agreements issued as a result of this RFA.

Agency expects to award multiple Contracts and Agreements to Applicants that pass the minimum requirements and whose Applications are accepted and responsive.

Qualified individuals and firms must complete all listed requirements in this RFA to submit an Application. School districts, ESDs, units of local and county-based governments, and other public agencies defined in Oregon Revised Statute (ORS) 190.003 as a “unit of local government” may not be required to meet certain minimum requirements based on their status as public agencies; however, the Application portion describing the proposed Work will be subjected to the same evaluation process for all Application Packets received.

Those entities that provided Summer Work Experience services in 2021 awarded under RFA 4708 and with whom the Agency has completed negotiations or is in the process of negotiating for the 2023 Summer Work season, are approved for services under this RFA for the 2023 summer work season’s program based on contracting and Agency program requirements.

1.2 RFA SCHEDULE

The RFA Schedule sets out a periodic process by which Applications can be received and screened by the SPC and awarded a Contract or Agreement by the Agency based on Applicant’s experience and skills. The SPC and Agency will review the contents of the Application submitted by the Applicant to determine how well the Applicant meets the requirement to provide these services to Students. The SPC may contact the Applicant for clarification

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RFA Event Description

RFA Opens RFA Amendment 3 posted in OregonBuys January 6, 2023

RFA Questions RFA question, if any, submitted to the SPC by email, facsimile, or hand-delivered.

The first deadline for questions received by the SPC for the 2023 Summer Work Season is February 10, 2023. Thereafter, questions, if any, can be submitted any time during the period in which the RFA is open.

RFA Answers to Questions

Questions about program requirements will be addressed by Agency Program staff. Questions about procurement process and the RFA in general will be addressed by the SPC. All questions will be responded to by the SPC.

The Answers to questions in general, and specifically for the 2023 Summer Work Season, will be posted in OregonBuys no later than February 17, 2023. Thereafter, answers to any questions received, if any, will be posted in OregonBuys on or before the first of each calendar month following the month in which the question was received.

Application Deadline Application submission by the deadlines is the responsibility of Applicants.

Agency is not responsible for wrong deliveries.

Applications may be submitted at any time until April 1, 2027. The Application deadline for the 2023 Summer Work Season is April 20, 2023.

Application Review for Minimum Qualifications and Completeness

Application will be reviewed within 7 calendar days from receipt by the SPC.

Applications will be batched and processed by the date received.

The SPC or delegate will review and accept (Responsive) or not accept (non- Responsive) the Application based on Section 4.1 “Minimum Application Requirements,” Section 4.2 “Technical Requirements,” and Section 4.3 “Submission Requirements” of the RFA and the completeness of the Application packet. If the Application is not accepted (non-Responsive), the Applicant shall be notified by email by the SPC or delegate within 7 calendar days from receipt of the Application.

If the Application is not accepted, the Applicant may submit another Application for review by the Agency if the RFA is still open for Application submission.

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RFA Event Description

Application Evaluation, Contract Negotiation, and Contract Execution

Applications accepted as complete and meeting the Minimum Qualifications (Responsive) will be evaluated and approved or denied by the Agency evaluation committee.

An evaluation committee composed of Agency Program staff and others will review and evaluate the Proposal, including the written response to Attachment C “Program and Budget Application,” based on how it achieves the Program directions stated in Section

3.1 “Overview” and the requirements established in Section 3.2 “Scope of Work.” Based on the committee’s evaluation, at the Agency’s sole discretion, an Agency representative may request the Applicant to clarify Work or actions, or to resolve minor differences or inconsistencies in the Application. In cases where clarification is requested, the evaluation committee may opt to conditionally approve the Application based on anticipated results of discussions with the Applicant, or the final approval or denial of the Application will be postponed to the next evaluation committee pending the results of discussions with the Applicant

The committee will complete its evaluation and approve or deny the Application based on the Proposal, including the response to Attachment C “Program and Budget Application,” and the results of its discussions, if any, with the Applicant.

Based on receipt of Applications, the Agency evaluation committees are convened the Second and Fourth Wednesday of each month, if not more frequently.

For Applications approved by the evaluation committee, the SPC will notify the Applicant and the Agency will begin negotiations with the Applicant on a Contract or Agreement Statement of Work based on the approved Attachment C “Program and Budget Application,” as revised, and Section 3.1 “Overview” and the requirements established in Section

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RFA Event Description

3.2“Scope of Work.” Once the Statement of Work is agreed upon by the Parties, Agency contracting processes can take an additional 10 business days for the Contract or Agreement to be presented to the Applicant for signature.

For Applications not accepted by the Committee, the Applicant shall be notified by email from the SPC within 7 calendar days from action by the evaluation committee.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFA is identified on the Cover Page, along with the SPC’s contact information.

Applicant shall direct all communications related to any provision of the RFA and the Work it proposes, whether about the technical requirements of the RFA, contractual requirements, the RFA process, or any other provisions, directly to the SPC.

SECTION 2: AUTHORITY AND DEFINITIONS

2.1 AUTHORITY AND METHOD

2.1.1 Agency is issuing this RFA under delegated authority from the Department of Administrative Services (DAS) pursuant to Oregon Administrative Rule (OAR) 125-246- 0170, and Delegation 945-16 to conduct a Joint Cooperative Procurement.

2.1.2 Agency is using the Request for Applications method pursuant to OAR 125-247-0288(2) through Special Procurement 929-16.

2.2 DEFINITION OF TERMS

For the purposes of this RFA, the following General and Program specific definitions have been provided for clarity and to help set the focus of this procurement project.

2.2.1 General Definitions

a. Addendum or Addenda means an addition to, deletion from, a material change in, or general interest explanation of this RFA document. Addendum or Addenda are posted in OregonBuys.

b. Applicant means the person or entity that submits an Application in response to this RFA ODHS-5307-22.

c. Application or Application Packet means the set of Attachments that will be submitted by interested parties to be considered for a Contract or Agreement to provide Summer Work Experience services described in this RFA. The

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Application submission requirements are found in Section 3 “Procurement Requirements and Evaluation,” below.

d. Contractor means the successful Applicant(s) selected through this RFA to enter into a Contract or an Agreement with the Agency to perform the Work described herein. For ORS 190 Agencies, the term “Contractor” is used in this RFA as a convenience. The correct term for a successful Applicant shall be identified depending on the type of Intergovernmental or Interagency agreement executed between the parties.

e. Key Persons means all employees, staff and volunteers that have direct access to Students or Student information, and are the only persons authorized by the Applicant to work directly with Students under the terms and conditions of this RFA and any Contract or Agreement awarded as a result of this RFA.

2.2.2 Program Specific Definitions

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

a. Coaching services means long-term coaching or one-on-one supports during the work-experience. Coaching as a VR service is only allowable when the Student is determined “eligible” by VR and has a signed Individualized Plan for Employment (IPE) with VR. These services may be provided by other agencies if the Student is only “potentially-eligible” for VR services.

b. Competitive Integrated Community-Based Employment means an employment setting typically found in the community which allows people with disabilities to engage in typical daily work patterns with co-workers who do not experience disabilities, and where workers with disabilities are not congregated or isolated. Refer to Oregon’s Employment First Initiative and Executive Order 15-01.

c. Intellectual and/or Developmental Disability or “I/DD” means someone who qualifies for Developmental Disability Services as determined by an Eligibility Specialist at a Community Developmental Disability Program, as defined in OAR 411-320-0080.

d. Office of Developmental Disability Services or “ODDS” means the Office within the Oregon Department of Human Services designed to serve people who are eligible for services as a person with I/DD throughout their lifespan, from birth to death. For the purpose of this RFA, ODDS has an increased focus with supporting students with I/DD achieve and maintain employment as outlined in the Employment First initiative.

e. Oregon Department of Education or “ODE” means the Department of Oregon State Government responsible for carrying out the responsibilities specified in Chapter 326 of the Oregon Revised Statues.

f. ORS 190 Agency means a “unit of local government” as defined in ORS 190.003, and includes school districts, ESDs, units of local and county-based governments, and other public agencies. Because of their status as public agencies, some of the RFA requirements and language may not apply, some http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

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g. Pre-Employment Transition Services or “Pre-ETS” means Students who are receiving services under the federal law known as the Individuals with Disabilities Education Act (IDEA) or has a disability for the purposes of Section 504 of the Rehabilitation Act of 1973. Pre-ETS are made available based on Workforce Innovation and Opportunity Act (WIOA) requirements and are designed to help job seekers access employment, education, training, and support services to succeed in the labor market. Services can include: job exploration counseling; work-based learning experience; counseling on opportunities for enrollment in transition or postsecondary educational programs; workplace readiness training to develop social skills and independent living; and instruction in self-advocacy.

h. Soft Skills means those desired qualities a person possesses for certain forms of employment that do not depend on acquired knowledge and include the ability to deal with people, have a positive flexible attitude, knowing how to ask for a break on the job, and the ability to communicate with a supervisor.

i. Student, for the purpose of this RFA and Work, means a Transition-age individual, receiving IDEA services, and between the ages of 14 and 21 with a disability who is applying for, or potentially eligible for, Agency-funded services though ODHS’ Vocational Rehabilitation (VR).

j. Student with a disability are those Students with an intellectual, developmental, emotional disturbance, traumatic brain injury, orthopedic, mobility, medical, mental health, learning or educational disability.

k. Student with I/DD are those Students with or without ODDS services. If a Student has ODDS services, that Student qualifies as a Student with I/DD in regard to this RFA. A Student without ODDS services must have a diagnosis of, but not limited to, Down Syndrome, Prader-Willi Syndrome (PWS), Fetal Alcohol Spectrum Disorder (FASD), autism, cerebral palsy, Angelman Syndrome, and other related disabilities. If questions arise for a Students eligibility for I/DD, contact Contract Administrator.

l. Summer Work Season means all Work performed in that year’s Summer Work Experience program, an all-inclusive term referring to all services from the beginning of preparation activities, beginning in Spring, to the ending of yearly activities and submission of data and final reports to the Agency, in the Fall season.

m. Transition Age means a Student 21 years of age or younger during the Summer Work Season in which the Student is receiving services, and a Student who is potentially eligible for services from VR, and is not younger than 14.

n. Vocational Rehabilitation or “VR” means the program within the Oregon Department of Human Services, responsible for carrying out the responsibilities specified in ORS 344.510 through 344.690. The Pre- Employment Transition Services Program within VR shall administer Contracts and Agreements awarded as a result of this RFA.

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SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 OVERVIEW

This solicitation is requesting Applications from Applicants to provide support to Oregon Department of Education (ODE) and the Oregon Department of Human Services, through Vocational Rehabilitation (VR) and Office of Developmental Disability Services (ODDS), by providing summer Pre-ETS related services, supervised or monitored Competitive Integrated Community-Based Employment services, and post-Program data collection, assessment and reporting services to Transition-age Students with disabilities.

Students with disabilities will be more successful if they experience employment opportunities prior to leaving high school or transition programs. The Summer Work Experience program provides Students, who may not have had an opportunity for prior paid work experiences, with work experiences and Pre-ETS, including learning Soft Skills for employment, understanding how to advocate for themselves, and other skills related to acquiring and maintaining employment. At the completion of the Summer Work Season, Applicant will assess and report on services and activities during the Summer Work Season and on its participants. Based on the post-Program data collection, assessment and reporting services, and other factors, ODHS will begin negotiation with the Applicant for the following Summer Work Season or shall invite the Applicant to submit another Application for evaluation by the committee if the RFA is still open.

The Summer Work Experience Program is required to have a method to determine the area of work experience that matches the Student’s interests and strengths, and the successful Applicant is required to pay the Student no less than the States minimum wage for all work performed, the cost of which should be part of the Applicant’s Application.

All work experience shall comply with Oregon’s Employment First initiative, which includes Competitive Integrated Community-Based work settings.

This RFA will ask for a “Total Cost Per Student” amount on the written response to Attachment C “Program and Budget Application,” part of the Application packet. This cost figure should be inclusive of all costs associated with providing services described in the associated Proposal divided by the number of Students to be served.

3.1.1 The RFA’s Scope of Work and related details can be found in Section 3.2 “Scope of Work,” below.

3.1.2 Agency anticipates multiple Contracts and Agreements from this RFA will be awarded, based on location and the number of Responsive Applications received, accepted, and approved by the Agency.

3.2 SCOPE OF WORK

3.2.1 The Summer Work Experience services an Applicant will provide, if the Application is accepted and approved by the Agency, will be described in detail in the resultant Contract or Agreement’s Statement of Work, negotiated between the parties based on the responses to Attachment C “Program and Budget Application” submitted by the Applicant and on this Scope of Work. Other terms and conditions of any resultant Contract, including insurance requirements, are described in detail in Attachment D “Sample Contract.”

3.2.2 The successful Applicant, to be referred to as Contractor, shall provide Summer Work

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Experience services in three basic or primary interrelated steps or phases: initial intake, assessment and planning services; finding or creating an employment opportunity for Students, maintaining and supervising employment activities, skill building activities and the delivery of Pre-ETS; and conducting data and summary reporting, final assessment duties, and projecting the sustainability of the Program. The overall goal shall be to assist the identified Students to enhance their skills, attitudes and opportunities for success in higher education as well as long-term employment. Contractor shall have the skills necessary to identify a work experience for each Student that meets known interests, aptitudes, strengths, and preferences. Sections 3.2.4, 3.2.4, and 3.2.5 provide more detail to these three basic steps or phase.

3.2.3 Each Summer Work program shall be negotiated and approved by the Agency for the upcoming Summer Work Season only. Then, at the end of each Summer Work Season, based on several factors, including post-program assessments and reporting, and the level of successes within the program and of the program itself, and other factors, Agency will make a determination, at its sole discretion, to either begin negotiations with the Contractor during the intervening months for services in the following Summer Work Season, or to ask the Contractor to submit a new Application for the upcoming Summer Work Season for review and evaluation by the evaluation committee.

3.2.4 Each Application shall include an acceptable methodology for assessing a Student’s interests, aptitudes, preferences and strengths. The use of these assessments shall guide the Student’s career possibilities and may provide some basis for post-program data assessment and reporting.

3.2.5 The successful Applicant’s Summer Work Experience program shall:

a. Help Students achieve employment related competencies needed for successful competitive employment;

b. Offer opportunities to develop work skills and assist Students to explore individual employment related interests, aptitudes, abilities, strengths, and work preferences;

c. Build career- and college-readiness skills by providing opportunities for continued employment and community related skill development through work and general community experiences;

d. Foster a continuum of learning, career awareness and exploration, employment preparedness, training, and soft skill building through active collaboration with high school transition programs and students.

3.2.6 The successful Applicant will provide services to Students:

a. That develop skills needed to meet the expectations of employers for successful competitive employment.

b. To build skills essential to competitive employment success, including task-delivery relevant to the Student’s current job. Student shall be paid by the successful Applicant for work at or above the rate of pay equal to or exceeding the States minimum wage, 5307-0 v1/jrf RFA Document Page 11 of 33 and that cost should be included in the Application’s per-Student cost proposal.

c. To develop and improve soft skills, including enthusiasm, motivation, attitude, social communication in the workplace with a focus on working as part of a team, independently solve workplace problems and issues, critical thinking skills, networking, good sense, sound judgement, and professionalism.

3.2.7 The successful Applicant will provide the Agency with sufficient data and reporting in the timeframe provided by the Agency to allow for accurate assessment and documentation of services provided, and to assure Students are eligible or potentially eligible for other Agency services. Reporting will include a summary report for the Program and reporting on each Student that includes where the Student worked, information about their learning including community experiences, lessons learned, and any areas of improvement.

SECTION 4: PROCUREMENT REQUIREMENTS AND EVALUATION

4.1 MINIMUM APPLICATION REQUIREMENTS

To be considered for evaluation, the Application and Applicant must meet the following requirements:

4.1.1 The Application, consisting of completed Attachments from this RFA, must be formatted and received as listed in Section 4.5 “Application Content Requirements”: Attachment A “Application Information and Certification,” Attachment B “Applicant’s Key Persons,” Applicant’s response to Attachment C “Program and Budget Application,” and, if required by the Applicant, Attachment E “Affidavit of Trade Secret.”

4.1.2 Applicant shall be qualified to serve and have experience providing services to I/DD youth by documenting on Attachment A “Application Information and Certification” a minimum of three years’ experience working with I/DD people, and a minimum of one year of experience assisting them to find work experiences as part of the three-year period of experience.

4.1.3 The Applicant shall name Key Persons who shall be the only ones to provide services to Students on Attachment B “Applicant’s Key Persons.” If the Applicant is a Sole Proprietor and will be the only person performing services, the Applicant’s name shall be listed.

Reproduce and submit additional copies of Attachment B if necessary to account for all Key Persons.

4.1.4 Key Persons shall be qualified to serve and have experience working with people with disabilities and helping them find work and work experience. Key Persons are required to have a minimum of a high school diploma and a minimum of two years working with target populations and must have an acceptable criminal history. Applicant shall verify that each Key Person meets or exceeds such training and education requirements and has obtained and reviewed and approved the Key Person’s criminal history record, by checking the appropriate box for each Key Person listed on Attachment B “Applicant’s Key Persons.”

4.1.5 The Proposal attached as a response to Attachment C “Program and Budget Application” must be complete, written concisely and succinctly in the proper format indicated by Attachment C, with responses clearly and appropriately marked. The response shall adhere

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4.2 TECHNICAL REQUIREMENTS

To be considered for the award of a Contract, the Application must meet the following technical requirements.

4.2.1 Insurance: Applicant must meet the insurance requirements found in Exhibit C “Insurance Requirements” of Attachment D “Sample Contract” before providing program services.

4.2.2 Criminal History background check: Applicant is responsible for maintaining a current criminal history background check on each Key Person, and certifying that experience listed for Key Persons on Attachment B “Applicant’s Key Persons” is true and accurate. If Agency or Applicant determines that an offense was committed by Applicant’s Key Person that limits or prohibits any association with Students, Applicant will immediately remove the Key Person from contact with the Student or not approve an Applicant to work under the Summer Work Experience contract.

4.3 SUBMISSION REQUIREMENTS

4.3.1 Application Format, Quantity, and Exempt Material

Applicant will follow the Application format and submission requirement described below.

a. Applicant must submit the complete Application Packet through OregonBuys.

b. The Application must be without extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Application.

c. Applicant shall submit one complete Application Packet complete with all portions of the Application, bearing the Authorized Representatives signature on Attachment A “Applicant Information and Certification,” through OregonBuys.

d. Applicant may identify information in their Application they determine to be exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505).

Applicant shall complete and submit Attachment E “Affidavit of Trade Secret” with a version of its Application, identified as the “redacted version,” that is edited or blacked out to remove the trade secret or exempt information from view. This Attachment is optional. If the Applicant determines the Application contains no exempt information, there is no requirement that Attachment E “Affidavit of Trade Secret” be submitted as part of the Application packet.

4.3.2 Application Mandatory Attachments

Attachments to this RFA comprise the complete Application Packet and are mandatory for submission in response to this RFA as described in Section 4.1 “Minimum Application Requirements.” Applicants must download the Attachment documents from the Attachments folder in OregonBuys. The Attachments will not be sent to prospective Applicants by the SPC or Agency.

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4.3.3 Authorized Representative

A representative authorized to bind the Applicant (the “Authorized Representative”) shall sign the Application as part of Attachment A “Applicant Information and Certification.

Failure of the Authorized Representative to sign the Application may subject the Application to rejection by Agency.

4.4 PROCUREMENT PROCESS

4.4.1 Public Notice

The RFA document and all Addenda and Attachments are published in OregonBuys at http://oregonbuys.gov/bso/. The RFA documents will not be sent to prospective Applicants by the SPC or Agency.

Agency shall advertise all Addenda on OregonBuys in accordance with OAR 125-246-0353.

Prospective Applicant is solely responsible for checking OregonBuys to determine whether any Addenda have been issued. Addenda are incorporated into the RFA by this reference.

4.4.2 Questions / Requests for Clarification

All inquiries, whether relating to the RFA process, administration, deadline or method of award, or to the intent or technical aspects of the RFA, must be emailed or faxed to the SPC listed on page 1 of the RFA document, and:

a. Reference the RFA number ODHS 5307-22;

b. Identify Applicant’s name and contact information;

c. Be submitted by an authorized representative;

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

e. Be received by the due date and time for Questions Requests for Clarification identified in Section 1.2 “RFA Schedule.”

4.4.3 Application Submission Responsibilities

Applicant is responsible to follow the Application submission requirements described below.

a. Applicant is solely responsible for ensuring its Application is received by the SPC in accordance with the RFA requirements. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery.

Applications submitted by any means not authorized will be rejected.

b. Applications must be submitted to the SPC through OregonBuys.

c. Applications submitted in-person, through the mail, or via parcel carrier must be in an envelope, package or box, and clearly labeled with the Applicant’s name and RFA number “ODHS RFA 5307-22” on the outside. The Application must be delivered to the attention of the SPC at the address listed on the Cover Page.

http://oregonbuys.gov/bso/

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d. Applications will be accepted at the Office of Contracts and Procurement (OC&P) at the address on the Cover Page Monday through Friday, except for Oregon recognized holidays or mandatory office closures. OC&P office hours are 8:00 AM to 5:00 PM Pacific Time. If delivered in-person, the person who delivers the Application will be provided with a written receipt with a received date and time stamp. Agency is not responsible for Applications delivered to the wrong address or office.

e. Applicant is responsible for ensuring Applications submitted on electronic media, by facsimile, or by attachment to an email, are complete and contain only the elements listed in Section 4.5 “Application Content Requirements.” Agency is not responsible for incomplete Applications, or Applications submitted on faulty electronic media, and such Applications will be rejected.

4.4.4 Modification or Withdrawal of Applications

Application modifications or withdrawals must be submitted to the SPC at the address on the Cover Page before the Contract is award. The modification or withdrawal request must include the RFA number.

Any Applicant who wishes to make modifications to an Application received by Agency shall submit its modification by OregonBuys prior to the deadline for the subject-work and must denote the specific change(s) to the Application submission.

If an Applicant wishes to withdraw a submitted Application, the Applicant shall submit a written notice to the SPC, signed by an Authorized Representative, of Applicant’s intent to withdraw its Application.

4.4.5 Application Due

Applications and all required submission requirements must be received by the SPC on or before closing dates referred to in Section 1.2 “RFA Schedule.” Applications will continue to be received and processed by the SPC until the final deadline for all Applications on September 30, 2027. Application deadlines for subsequent Summer Work Seasons will be established by addendum.

4.4.6 Application Rejection

SPC or Agency may reject an Application for any of the following reasons:

a. Applicant does not meet the mandatory Minimum Qualifications established in Section 4.1.

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

c. Application 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 RFA or Addenda.

d. Applications that are received after the final deadline for this RFA May 1, 2027.

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4.4.7 Opening of Applications and Application Review by Public

a. There will be no public opening of Applications.

b. Applicant name and address information will be recorded by the SPC into the official record of Applications for RFA ODHS 5307-22. Interested parties can request a copy of the record by email to the SPC. The official record will be available following Application review by the SPC at the time prescribed in Section 1.2 “RFA Schedule.”

c. Copies of the Applications cannot be provided until the Contract has been awarded to individual Applicants. Contract award time frames are described in Section 1.2 “RFA Schedule.” Interested parties must submit a request for public information to the SPC who will forward the request for processing by the OC&P Records Manager or delegate.

4.5 APPLICATION CONTENT REQUIREMENTS

The Applicant must meet the requirements of this RFA and provide the required information as an Application Packet that consists only of the mandatory Attachments described in this Section.

4.5.1 Attachment A “Applicant Information and Certification”

Attachment A “Applicant Information and Certification” shall be signed by an Authorized Representative of the Applicant who certifies that Applicant is in compliance with tax laws and regulatory requirements, and lists other Applicant requirements. A fully completed Attachment A, including the Applicant’s legal information, Applicant’s authorized contact person, a brief synopsis of Applicant’s qualifications and experience, and Applicant’s business information, signed and dated by an Authorized Representative of the Applicant, must be submitted as the first pages of the Application packet.

4.5.2 Attachment B “Applicant’s Key Persons”

Applicant shall provide the names and titles of the Applicant’s Key Persons (employees, staff, volunteers and/or the sole proprietor), who will be the only persons authorized by the Applicant to provide services to Students, on Attachment B “Applicant’s Key Persons.” If Applicant is a sole proprietor, the sole proprietor shall be included on Attachment B. This form asks for an acknowledgement of each Key Person’s education and experience as described in Section 4.1.4 that lists the minimum requirements for Key Persons. By completion and submission of this Attachment by the Applicant as part of the Application Packet, the Applicant certifies that the Key Person listed meets or exceeds the RFA’s minimum requirements, as documented by the Applicant as part of the employee’s personnel records. Agency has the right to research and ask for additional documentation if it deems it necessary. A completed Attachment B must be submitted as the second section of the Application packet.

Reproduce and submit additional copies of Attachment B if necessary to account for all Key

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Persons.

4.5.3 Attachment C “Program and Budget Application”

Attachment C “Program and Budget Application” is the Applicant’s Program portion of the Application packet, and your response should include the complete details of your Program. Your response should be written clearly and concisely, in an orderly and organized manner, clearly marked in the format prescribed by Attachment C. Applications received that say the Applicant will merely provide the service or action may not sufficient;

the Application should list discrete services, actions, perhaps including steps or phases, if it applies, and how they relate to each other and how they relate to the loose or basic primary interrelated steps or phases indicated in Section 3.2.2. The Program description should also include how services and actions relate back to Section 3.2.5 and Section 3.2.6.

The Application shall be organized and numbered in the format indicated on Attachment C.

Because Section 1 “Introduction” should be relatively small, limit your response to Section 1 “Introduction” and Section 2 “Program Application Proposal,” combined, to a maximum of four pages. Please limit your response to Section 3 “Program Budget” and Section 4 “Total Cost Per Student,” combined, to a single page, with Section 4 “Total Cost per Student” at the bottom or as the last entry on the page.

Budget information is required only for the current Summer Work Season.

A complete page-limited response to Attachment C must be submitted in the Application Packet.

4.5.4 Attachment D “Sample Contract”

Attachment D is the Sample Contract and is provided to Applicants as an example of what they will be required to sign with ODHS, representing the Agency, if the Application is approved and the Agency offers the Applicant a Contract. The Sample Contract does not include a full Statement of Work, which will be negotiated with the Applicant based on the approved Attachment C “Program and Budget Application” and Section 3.2 “Scope of Work” once the Application is accepted and approved by the evaluation committee.

The Sample Contract does not apply to an ORS 190 Agency. Although the Statement of Work will be negotiated based on the Applicant’s approved Attachment C “Program and Budget Application” and Section 3.2 “Scope of Work,” the language and format of the Agreement document will be different and appropriate for an interagency or intergovernmental agreement.

Attachment D is for the Applicant’s information and is not returned in the Application packet.

4.5.5 Attachment E “Disclosure Exemption Affidavit”

All Applications are public record and are subject to public inspection after the Agency issues the Contract or Agreement. If an Applicant believes that any portion of its Application contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Applicant shall complete and submit Attachment E “Affidavit of Trade Secret” and list its exemptions on Exhibit A to Attachment E. Applicant must also submit a version

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Applicant is cautioned that identifying the Application, in whole, as exempt from disclosure is not acceptable. Agency advises each Applicant to consult with its own legal counsel regarding disclosure issues.

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

Attachment E is optional for the Applicant. If the Applicant determines there is any portion of the application that contains a trade secret or is otherwise exempt under ORS

192.410 through 192.505, it is the obligation of the Applicant to submit Attachment E and the redacted copy of the Application. If no Attachment E is received from the Applicant, the Agency will assume no trade secrets or exempt information is contained within the Application.

Attachment E does not apply to an ORS 190 Agency.

4.6 EVALUATION PROCESS

4.6.1 Responsiveness and Responsibility Determination

Application Packets received prior to the scheduled deadlines will be reviewed for Responsiveness to all RFA requirements, including Section 4.1 “Minimum Application Requirements,” Section 4.3 “Submission Requirements,” and Section 4.5 “Application Content Requirements.” If the Application is unclear, the SPC or delegate may request the Applicant to clarify any Work or actions listed, or resolve minor differences or inconsistencies, most notably in the Applicant’s response to Attachment C “Program and Budget Application” portion of the Proposal Packet. However, clarifications may not be used to modify a non-Responsive Application. If the SPC finds the Application non- Responsive, the Application may be rejected. However, the Agency may waive mistakes in accordance with OAR 125-247-0470. At any time prior to Contract or Agreement award, Agency may reject an Applicant found to be not Responsible.

4.6.2 Application Screening

Applications will be screened for being Responsive (Accepted) or non-Responsive (not Accepted) by the SPC or delegate, based on Section 4.1 “Minimum Application Requirements,” Section 4.2 “Technical Requirements,” and Section 4.3 “Submission Requirements” of the RFA and the completeness of the Application Packet, within 14 calendar days of receipt by the SPC of the Application Packet. Applications will be batched and processed by the date received by the SPC or delegate, depending on the number of Applications received. Upon completion of the initial screening, the SPC will forward the Responsive Applications to the Agency for further review and evaluation by the evaluation committee.

If the Application is not accepted (non-Responsive), the Applicant shall be notified by email by the SPC or delegate within 7 calendar days from receipt of the Application.

4.6.3 Application Evaluation, Contract Award, and Contract Execution

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Responsive Applications meeting the Minimum Qualifications will be evaluated by the Agency’s evaluation committee to determine the feasibility and acceptability of the proposed Work as described in the Application packet’s response to Attachment C “Program Budget and Proposal,” based on how it achieves the goals of Section 3.1 “Overview” and the requirements established in Section 3.2 “Scope of Work.”

Based on the committee’s initial evaluation, at the Agency’s sole discretion, an Agency representative may request the Applicant to clarify Work or actions, or to resolve minor differences or inconsistencies in the Application. In cases where clarification is requested, the evaluation committee may opt to conditionally approve the Application based on anticipated results of discussions with the Applicant, or the final approval or denial of the Application will be postponed to the next evaluation committee pending the results of discussions with the Applicant

The evaluation committee will then complete its evaluation and approve or deny the Application based on the Proposal, including the Applicant’s response to Attachment C “Program and Budget Application” and the results of its discussions, if any, with the Applicant.

For Applications approved by the evaluation committee, the Agency will enter into negotiations with the Applicant to create a Statement of Work based on the approved responses to Attachment C “Program Budget and Proposal,” Section 3.1 “Overview” and the requirements established in Section 3.2 “Scope of Work.” The Agency will then determine whether a Contract or Agreement will be awarded.

Following Agency’s decision to award the Contract or Agreement, and the writing of the Contract or Agreement by the SPC, the Contract or Agreement will be sent to the Contractor (Applicant) for signature and its return to the SPC. Agency signatures and distribution of the final Contract to the Contractor may take one to two additional weeks.

Application processing and Contract awards will be delayed if the Applicant does not have the proper insurance coverage.

For Applications not accepted or denied by the evaluation committee, the Applicant shall be notified by email from the SPC or delegate within 7 calendar days from the final action by the evaluation committee.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract or Agreement, will award a Contract or Agreement to the Applicant based upon the methodology and process described in Section 3 “Procurement Requirements and Evaluation.”

5.1.2 Notice of Award

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Agency will notify all Applicants in Writing that Agency is awarding a Contract or Agreement to the selected Applicants subject to successful negotiation of any negotiable Contract provisions.

5.2 AWARDED CONTRACTOR REQUIREMENTS

5.2.1 Insurance

Prior to signing of the Contract, the awarded Applicant shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in Attachment D “Sample Contract,” Exhibit C “Insurance Requirements” or as otherwise negotiated.

Applicant’s failure to demonstrate insurance coverage may result in Agency terminating negotiations with an Applicant. Applicant is encouraged to consult its insurance agent about the insurance requirements contained in Attachment D “Sample Contract,” Exhibit C “Insurance Requirements” prior to Application submission.

This section does not apply to an ORS 190 Agency. Agreements executed with ORS 190 Agencies have their own insurance requirements based on Constitutional limitations and Statute.

5.2.2 Taxpayer Identification Number

The awarded Applicant shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed Contractor Tax Identification Information (CTII) form after a Contract award is completed and a Contract is issued to the Contract Awardee.

Agency may request an additional submission of a W-9 form to satisfy IRS reporting requirements. This section may not apply to an ORS 190 Agency.

5.2.3 Business Registry

If selected for award, Applicant shall be duly authorized by office of the Oregon Secretary of State to transact business in the State of Oregon before executing the Contract. The SPC will verify the Applicant’s current Oregon Business Registry number or request an explanation if not applicable. This section does not apply to an ORS 190 Agency.

Information on filing with the Secretary of State is available at the following internet site:

http://www.filinginoregon.com/index.htm .

5.3 CONTRACT OR AGREEMENT NEGOTIATION

5.3.1 Negotiation

After approval of an Application, Agency may begin negotiating the Statement of Work with the Applicant based on the approved responses to Attachment C “Program and Budget Application,” Section 3.1 “Overview” and the requirements of Section 3.2 “Scope of Work.”

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5.3.2 Application and Contract Compliance

By submitting an Application, Applicant agrees to comply with the requirements of the RFA, including the terms and conditions of Attachment D “Sample Contract” (except for 190 Agencies), with the exception of those terms reserved for negotiation.

a. Applicant shall review Attachment D “Sample Contract” and note any exceptions in its Application. Unless Applicant notes exceptions in its Application, Agency intends to enter into a Contract with the successful Applicant substantially in the form set forth in Attachment D. (Does not apply to ORS 190 Agencies)

b. It may be possible to negotiate some provisions of the final Contract or Agreement; however, many provisions cannot be changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the scope of requested exceptions in the evaluation of Applications.

c. Any Application that is conditioned upon Agency’s acceptance of any terms and conditions other than those in the Sample Contract may be rejected. Any subsequent negotiated changes may be subject to prior approval by the Oregon Department of Justice. (Does not apply to ORS 190 Agencies)

d. All items, except those listed below, may be negotiated between Agency and the apparent successful Applicant in compliance with Oregon State laws:

• Choice of law

• Choice of venue

• Constitutional requirements

• All applicable federal and State requirements

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

This RFA is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFA evaluation and award is the Circuit Court of Marion County for the State of Oregon;…