5337 final~3.pdf

OregonBuys Bid #S-10000-00003772

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services

Aging and People with Disabilities is issuing this Intermediate Procurement as Request for Proposals (RFP) #5337 under

OregonBuys Bid Number #S-10000-00003772 for a

Commissions and Committees Diversity Consultant

Date of Issue: July 21, 2022

Opening Date: September 21, 2022 at 3:00 PST

Proposals must be submitted through OregonBuys

Single Point of Contact: Tabrina McPherson, Procurement Specialist Address: 635 Capitol Street, NE, Suite 350 City, State, Zip Salem, Oregon 97301 Phone (voice) 971.208.4130 E-mail: tabrina.r.mcpherson@dhsoha.state.or.us

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications, and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format.

https://www.oregon.gov/das/ORBuys/Pages/Index.aspx mailto:dhs-oha.publicationrequest@state.or.us

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 PROCUREMENT PROCESS

3.3 OFFERS CONTENT REQUIREMENTS

3.4 EVALUATION PROCESS

3.5 PREFERENCES

3.6 POINT AND SCORE CALCULATIONS

3.7 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

ATTACHMENT A – SAMPLE CONTRACT ONLY

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - REFERENCE CHECK FORM

ATTACHMENT E – PRICE PROPOSAL FORM

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4 https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services, (“Agency”), is issuing this Intermediate Procurement (not to exceed $150,000.00) for Aging and People with Disabilities Commissions and Committees Diversity Consultant.

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 1 Contract from this solicitation. The initial term of the Contract is anticipated to be 1 year with options to renew up to a maximum of 2 years.

1.2 SCHEDULE

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

Event Date Time

Questions / Requests for Clarification Due August 18, 2022 1:00 PM

Answers to Questions issued (approximate) August 25, 2022

Opening (offer Due) September 21, 2022 3:00 PM

Posting of Notice of Award (approx.) October 11, 2022

Contract Start Date November 1, 2022

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

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

2.2 DEFINITION OF TERMS

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

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110. Terminology specific to the OregonBuys system may be found at OregonBuys.

2.2.2 Project Specific Definitions

APD means ODHS Office of Aging and People with Disabilities

COBID means Certification Office for Business Inclusion and Diversity

Contract means an agreement substantially in the form of Attachment A, as it may be modified by ODHS, that is entered into by ODHS and the Awardee as a result of this Intermediate Procurement.

Contractor means the Awardee of this Intermediate Procurement that will sign a Contract with ODHS at the end of this process. Consultant and Contractor are interchangeable terms.

DEI means Diversity, Equity, and Inclusion

Deaf is a term that describes individuals who usually have no useful residual hearing and who use sign language as their primary mode of communication. This group of individuals is culturally Deaf and uses the uppercase "D" when using this term.

deaf is a term that describes individuals who are audiologically deaf. Individuals who are deaf generally use their residual hearing with speech reading, amplification, hearing aids, cochlear implants, and other hearing assistive technology, and usually speak as a primary mode of communication. This group of individuals uses the lowercase "d" when using this term.

DeafBlind/deaf-blind denotes people with a variety of causes and degrees of combined vision and hearing losses that imposes barriers to communication, education, work, and social interaction. This term does not necessarily mean total lack of hearing and vision.

Individuals who are deaf-blind can use a variety of adaptive technologies and may also use visual or tactile sign language. Individuals using ASL and actively involved in the Deaf Culture identify as DeafBlind. Those that are not actively involved in the Deaf Culture but rather depend on speech are considered to be deaf-blind.

GCSS means Governor's Commission on Senior Services

Hard of hearing is a term that describes individuals with partial hearing loss ranging from mild to severe-to-profound and can generally benefit from a variety of devices including hearing aids, cochlear implants, and various assistive devices and systems.

People who are hard of hearing also frequently benefit from captions (closed, open and realtime/CART) and speech reading. A small percentage of people who are hard of hearing may use some form of manual communication but spoken language is their 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 https://www.oregon.gov/das/ORBuys/Pages/Index.aspx preferred means of communication which allows them to remain in the mainstream of society. People can become hard of hearing at any stage in the life span.

LGBTQIA+ means Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual and the plus sign encompasses inclusivity.

Late Deafened is a term that describes people who acquired a severe to profound hearing loss as adults, generally well after the development of speech and language.

Individuals who are late deafened generally will benefit from the use of visual display technology and cochlear implants and may also benefit from hearing aids and other hearing technology.

ODC means Oregon Disabilities Commission

ODHHS AC means Oregon Deaf and Hard of Hearing Services Advisory Committee

ODHS means Oregon Department of Human Services

ORS means Oregon Revised Statutes

2.3 OVERVIEW AND PURPOSE

Oregon Department of Human Services Aging and People with Disabilities (“Agency”) provides services for Oregon’s older adults, people with disabilities and their families who experience person-centered services, supports and early interventions that are innovative and help maintain independence, promote safety, wellbeing, honor choice, respect cultural preferences and uphold dignity.

This vision of the Agency is operationalized through a robust system that includes several advisory commissions and committees. While these commissions and committees are functional, they have struggled to attract and maintain a diverse and representative membership.

Agency acknowledges the responsibility to serve all Oregonians by interrupting systemic inequities and upholding human rights. Agency strives for an environment where one’s race/ethnicity, class, gender, sexual orientation, ability, veteran’s status and other identities do not predict life outcomes within available programs. With great humility, Agency accepts responsibility for mistakes and actively works to correct them. Agency will include the voices of communities served and work to integrate diversity, equity, inclusion and accessibility into all areas.

This solicitation will focus on providing support to three specific Committees and Commissions: GCSS, ODHHS AC and ODC. The Agency’s goal is to ensure that members of these Commissions and Committees represent the diversity of older adults and people with disabilities within the state, with emphasis on members from communities of color whose members have been traditionally underserved due to systemic racism.

2.4 SCOPE OF WORK/SPECIFICATIONS

The Agency seeks to hire a commissions and committee diversity consultant. To meet the Governor’s threshold of 25% representation of diverse community member participation on Agency’s advisory commissions and committees, it is critical that a diversity consultant assist Agency to strengthen outreach and recruitment practices for those commissions and committees targeted under this solicitation: GCSS, ODHHS AC and ODC.

This will require an examination of the strengths, weaknesses, opportunities, and threats (SWOT) to reach more diverse commission and committee membership. The results of this analysis would be used to identify training needs and resources on best practices for APD commissions and committees as well as the employees who staff them. Finally, targeted work is needed to incorporate equity best practices into commission and committee charters and overall functions.

Offer shall address the Offeror’s ability to perform in the following functional areas. These shall be addressed through a Project Implementation Plan submitted per Section 3.3.2.5 of this solicitation.

2.4.1 Providing SWOT Analysis and providing technical assistance on areas identified through the analysis.

2.4.2 Project Plan Development and Management.

2.4.3 Training of approximately 50 commission and committee members and 5-10 Agency staff supporting these groups.

2.4.4 Strategic planning, guidance, and provision of resources on best practices specifically for recruitment and retention of diverse applicants and for equitable practices related to commission and committee operating documents and procedures.

2.4.5 Facilitation of internal and external meetings within the scope of this solicitation.

Availability to attend bi-weekly meetings with Agency staff.

2.4.6 Planning and collaboration with Agency and committee representatives. Topics to include providing evaluation of and suggestions on current recruitment activities of the committee.

2.4.7 Provide monthly written progress reports detailing work performed, outcomes of the work, successes and challenges, next steps, and assistance needed from Agency staff

2.4.8 Provide final report summarizing all work performed, how this work addressed needs, and recommendations on how to sustain best practices

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Offeror Submissions

To be considered for evaluation, Offer must contain each of the following (further detailed in the Offers Content Requirements section below).

• Executive Summary

• Technical Proposal

• Offeror Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Price Proposal Form (Attachment E)

3.1.2 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offers Content Requirements Section 3.3. Responses to each section and subsection should be labeled to indicate the item being addressed.

Offeror must submit its Proposal electronically through OregonBuys.

3.1.3 Authorized Representative

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

3.2 PROCUREMENT PROCESS

3.2.1 Public Notice

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

Agency shall advertise all Amendments on OregonBuys e-procurement system.

Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.2.2 Questions / Requests for Clarification

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

https://oregonbuys.gov/bso

• Be either emailed to the SPC directly or submitted through OregonBuys

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

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

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

3.2.3 Pre-Offer Conference

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

3.2.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received through the OregonBuys system in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in the OregonBuys system or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized will be rejected.

Offeror must submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer found at OregonBuys Vendor Solicitation Response.pdf.

Offeror shall submit one copy of its Offer including all submittal requirements, in one document in the following format: Adobe Acrobat (pdf). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure.

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

3.2.5 Modification or Withdrawal of Quotes or Offers

The OregonBuys system allows Offerors to make modifications or withdraw any documents submitted and allows Offers to resubmit a Proposal up to the date and time of the solicitation Opening.

3.2.6 Offer Opening Date

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

Offers submitted through any other means besides OegonBuys will not be accepted.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

3.2.7 Offer Rejection

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

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

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

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

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

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

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

3.2.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

3.3 OFFERS CONTENT REQUIREMENTS

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

Offer shall not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Offer. Do not include marketing or advertising material in the Offer, unless requested. Offer shall be straightforward and address the requests of the RFP.

Offers containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Executive Summary (20 points possible)

3.3.1.1 Describe Offeror’s organizational structure, staff roles, responsibilities, levels of management, reporting and oversight, and include an organization chart.

3.3.1.2 Describe Offeror’s organizational culture, approach, and any formal commitments to diversity, equity and inclusion, and structure that promotes recruitment and retention of diverse leadership among aging and people with disabilities’ boards and committees.

3.3.1.3 Demonstrate that Offeror has a minimum of three (3) years performing in a consulting capacity on issues and topics related to equity.

3.3.2 Technical Proposal (40 points possible)

3.3.2.1 Describe Offeror’s experience working with committees or commissions and working to increase diversity and inclusion among organizations and/or groups.

3.3.2.2 Describe Offeror’s experience contracting with public entities on development and implementations of equity strategies and best practices aimed at strengthening systems.

3.3.2.3 Describe Offeror’s experience evaluating and communicating programs or systems strengths, weaknesses, opportunities and threats and devising actionable strategies.

3.3.2.4 Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this solicitation.

3.3.2.5 Submit a Project Implementation Plan that describes how Offeror would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Offeror intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work. Offeror shall address each of the functional areas listed in Section 2.4 Scope of Work/Specifications.

3.3.3 Offeror Information and Certification Sheet

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

3.3.4 References (20 points possible)

Provide at least three references from current or former client firms for similar projects performed for any clients within the last five years. References must verify the quality of previous, related Work.

Offeror shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Offeror, and submitted with the Offer.

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

3.3.5 Price Proposal (20 points possible)

Provide an all-inclusive Price Proposal utilizing the information and substantial format of the Price Proposal Form (Attachment E). Price Proposal shall indicate the price for each deliverable and the total price for the entire project. Include all labor, profit, and expenses including travel in each task line item.

3.3.6 Public Record/Confidential or Proprietary Information

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

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

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

3.4 EVALUATION PROCESS

3.4.1 Responsiveness and Responsibility Determination

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

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

3.4.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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

3.5 PREFERENCES

3.5.1 Tiebreakers

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

3.6 POINT AND SCORE CALCULATIONS

Total points possible for each section are listed in the table below.

RFP Section Evaluation Criteria Total Points Possible

3.3.1 Executive Summary 20

3.3.2 Technical Proposal 40

3.3.4 References 20

3.3.5 Price Proposal 20

Total Points Available 100

3.7 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3.

Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will post a Notice of Award in OregonBuys that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

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

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

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

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

4.2.3 Business Registry

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

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

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

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

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

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

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

Agency will only negotiate the following provision:

• Term of the Contract

• Descriptions of goods and services

• Compensation

• Special Terms and Conditions

• Specific Deliverables and Reporting 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 Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. This Contract will not have subcontracting opportunities. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&T N=oregon4biz

5.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

5.5 COST OF SUBMITTING AN OFFER

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

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer 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

Offeror 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)

http://www.oregon.gov/DAS

ATTACHMENT A – SAMPLE CONTRACT ONLY

Contract Number 000000

STATE OF OREGON

PERSONAL/PROFESSIONAL SERVICES CONTRACT

In compliance with the Americans with Disabilities Act, this document is available in alternate formats such as Braille, large print, audio recordings, Web-based communications and other electronic formats. To request an alternate format, please send an e-mail to dhs-oha.publicationrequest@state.or.us or call 503-378-3486 (voice) or 503-378-3523 (TTY) to arrange for the alternative format.

This Contract is between the State of Oregon, acting by and through its Oregon Department of Human Services, hereinafter referred to as “ODHS,” and

Contractor d.b.a. Facility or Assumed Name

Address Address

Attention:

Telephone:

E-mail address:

hereinafter referred to as “Contractor.”

Work to be performed under this Contract relates principally to ODHS’

Aging and People with Disabilities Community Services and Supports Unit

500 Summer Street NE, E-12 Salem, Oregon 97301

Contract Administrator: Ryan Kibby or delegate Telephone: 503.510.3988

E-mail address: ryan.e.kibby@dhsoha.state.or.us

1. Effective Date and Duration. This Contract shall become effective on the date this Contract has been fully executed by every party and, when required, approved by Department of Administrative Services and Department of Justice, or on November 1, 2022, whichever date is later. Unless extended or terminated earlier in accordance with its terms, this Contract shall expire on October 31, 2023. Contract termination shall not extinguish or prejudice ODHS' right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents.

a. This Contract consists of this document and includes the following listed exhibits which are incorporated into this Contract:

(1) Exhibit A, Part 1: Statement of Work

(2) Exhibit A, Part 2: Payment and Financial Reporting

(3) Exhibit A, Part 3: Special Provisions

(4) Exhibit B: Standard Terms and Conditions

(5) Exhibit C: Insurance Requirements

There are no other contract documents unless specifically referenced and incorporated in this Contract.

b. This Contract and the documents listed in Section 2., “Contract Documents”, Subsection a. above, shall be in the following descending order of precedence:

this Contract less all exhibits, Exhibits B, A, and C.

3. Consideration.

a. The maximum, not-to-exceed compensation payable to Contractor under this

Contract, which includes any allowable expenses, is $[insert amount]. ODHS will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work and will not pay for Work performed before the date this Contract becomes effective or after the termination or expiration of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

b. Payments to Contractor shall be subject to ORS 293.462 and shall be made in accordance with the payment schedule and requirements in Exhibit A, Part 2., “Payment and Financial Reporting.”

c. ODHS will only pay for completed Work under this Contract. For purposes of this Contract, “Work” means the tasks or services and deliverables accepted by ODHS as described in Exhibit A, Part 1, “Statement of Work.”

4. Contractor or Subrecipient Determination. In accordance with the State Controller’s Oregon Accounting Manual, policy 30.40.00.104, ODHS’ determination is that:

Contractor is a subrecipient Contractor is a contractor Not applicable Catalog of Federal Domestic Assistance (CFDA) #(s) of federal funds to be paid through this Contract: n/a

5. Contractor Data and Certification.

a. Contractor Information. This information is requested pursuant to ORS

305.385 and OAR 125-246-0330(1).

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION

Contractor Name (exactly as filed with the IRS):

Street address:

City, state, zip code:

Email address:

Telephone: ( ) Fax: ( )

Is Contractor a nonresident alien, as defined in 26 U.S.C. § 7701(b)(1)?

(Check one box): YES NO Business Designation: (Check one box):

Professional Corporation Nonprofit Corporation Limited Partnership Limited Liability Company Limited Liability Partnership Sole Proprietorship Corporation Partnership Other

Contractor Proof of Insurance. Contractor shall provide the following information upon submission of the signed Contract. All insurance listed herein and required by Exhibit C must be in effect prior to Contract execution.

If Contractor is self-insured for any of the Insurance Requirements specified in Exhibit C of this Contract, Contractor may so indicate by: (i) writing “Self-Insured” on the appropriate line(s); and

(ii) submitting a certificate of insurance as required in Exhibit C.

Commercial General Liability Insurance Company: ____________________________________ Policy #: ______________________________________ Expiration Date: ________________ Workers’ Compensation: Does Contractor have any subject workers, as defined in ORS 656.027? (Check one box): YES NO If YES, provide the following information:

Workers’ Compensation Insurance Company: ________________________________________ Policy #: ______________________________________ Expiration Date: ________________

b. Certification. Without limiting the generality of the foregoing, by signature on this Contract, the undersigned hereby certifies under penalty of perjury that:

(1) Contractor is in compliance with all insurance requirements in Exhibit C of this Contract, and notwithstanding any provision to the contrary, Contractor shall deliver to the ODHS Contract Administrator (see page 1 of this Contract) the required Certificate(s) of Insurance within 30 days of execution of this Contract. By certifying compliance with all insurance as required by this Contract, Contractor acknowledges it may be found in breach of the Contract for failure to obtain required insurance. Contractor may also be in breach of the Contract for failure to provide Certificate(s) of Insurance as required and to maintain required coverage for the duration of the Contract;

(2) Contractor acknowledges that the Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) that is made by (or caused by) the Contractor and that pertains to this Contract or to the project for which the Contract work is being performed. Contractor certifies that no claim described in the previous sentence is or will be a “false claim” (as defined by ORS 180.750) or an act prohibited by ORS

180.755. Contractor further acknowledges that in addition to the remedies under this Contract, if it makes (or causes to be made) a false claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against the Contractor;

(3) The undersigned is authorized to act on behalf of Contractor and represents and warrants that Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of Oregon. Contractor shall, throughout the duration of this Contract and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of Oregon. For the purposes of this Section, “tax laws” includes: (i) All tax laws of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of Oregon that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; (iii) Any tax provisions imposed by a political subdivision of Oregon that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions.

Contractor acknowledges that the Oregon Department of Administrative Services will report this Contract to the Oregon Department of Revenue (DOR). The DOR may take any and all actions permitted by law relative to the collection of taxes due to the State of Oregon or a political subdivision, including: (i) garnishing the Contractor’s compensation under this Contract; or (ii) exercising a right of setoff against Contractor’s compensation under this Contract for any amounts that may be due and unpaid to the State of Oregon or its political subdivisions for which the DOR collects debts;

(4) The information shown in Section 5.a., “Contractor Information” above is Contractor’s true, accurate and correct information;

(5) To the best of the undersigned’s knowledge, Contractor has not discriminated against and will not discriminate against minority, women or emerging small business enterprises certified under ORS 200.055 in obtaining any required subcontracts;

(6) Contractor and Contractor’s employees and agents are not included on the list titled “Specially Designated Nationals” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx;

(7) Contractor is not listed on the non-procurement portion of the General Service Administration’s “List of Parties Excluded from Federal procurement or Non-procurement Programs” currently found at:

https://www.sam.gov/SAM;

(8) Contractor is not subject to backup withholding because:

(a) Contractor is exempt from backup withholding;

(b) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends; or

(c) The IRS has notified Contractor that Contractor is no longer subject to backup withholding; and

(9) Contractor’s Federal Employer Identification Number (FEIN) or Social Security Number (SSN) provided is true and accurate. If this information changes, Contractor shall provide ODHS with the new FEIN or SSN within 10 days.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.sam.gov/SAM

CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY

ACKNOWLEDGES THAT CONTRACTOR HAS READ THIS CONTRACT,

UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND

CONDITIONS.

CONTRACTOR: YOU WILL NOT BE PAID FOR SERVICES RENDERED PRIOR TO

NECESSARY STATE APPROVALS.

6. Signatures. This Contract and any subsequent amendments may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart.

Each copy of the Contract and any amendments so executed shall constitute an original.

Contractor Name By:

Authorized Signature Printed Name

Title Date

State of Oregon, acting by and through its Oregon Department of Human Services By:

Authorized Signature Printed Name

Title Date

Approved by the Department of Administrative Services:

Exempt per OAR 125-246-0170(2)

Authorized Signature Title Date

Approved for Legal Sufficiency:

Not Required per OAR 137-045-0030(1)(a) Department of Justice Date

EXHIBIT A

Part 1 Statement of Work

TO BE COMPLETED UPON AWARD

1. Services to be Provided by Contractor

2. Deliverables/Quantities

3. Schedule

Part 2 Payment and Financial Reporting

TO BE COMPLETED UPON AWARD

1. Payment Provisions

2. Invoice Requirements

3. Budget Table

Part 3 Special Provisions

1. Confidentiality of Information.

a. Client Information:

(1) All information as to personal facts and circumstances obtained by the

Contractor on the client (“Client Information”) shall be treated as privileged communications, shall be held confidential, and shall not be divulged without the written consent of the client, his or her guardian, or the responsible parent when the client is a minor child, or except as required by other terms of this Contract. Nothing prohibits the disclosure of information in summaries, statistical, or other forms which does not identify particular individuals.

(2) The use or disclosure of Client Information shall be limited to persons directly connected with the administration of this Contract. Confidentiality policies shall be applied to all requests from outside sources.

(3) If Contractor, or any of its officers, directors, employees, agents, or subcontractors receives or has access to confidential Social Security Administration (SSA), or Federal Tax Information (FTI) records in the performance of Work under this Contract, Contractor shall comply, and ensure that all of Contractor’s officers, directors, employees, agents and subcontractors comply, with the following provisions:

(a) With respect to SSA records:

i. Provide a current list of employees and employees of any agent or subcontractor with access to SSA records;

ii. Adhere to the same security requirements as employees of

ODHS;

iii. Abide by all relevant Federal laws, restrictions on access, use, disclosure, and the security requirements contained within ODHS’ agreement with SSA;

iv. Provide its employees and agents the same security awareness training as ODHS employees; and

v. Include the provisions of this Section 1.a.(3)(a) in any subcontract.

(b) With respect to Federal Tax Information (FTI), as defined in IRS Publication 1075:

i. Contractor and its officers, directors and employees with access to, or who use FTI provided by ODHS must meet the background check requirements defined in IRS Publication 1075;

ii. Any FTI made available to Contractor shall be used only for the purpose of carrying out the provisions of this Contract.

Contractor shall treat all information contained in FTI as confidential and that information shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this Contract. Inspection by or disclosure to anyone other than an officer or employee of the Contractor is prohibited;

iii. Contractor shall account for all FTI upon receipt and shall properly store all FTI before, during, and after processing.

In addition, all FTI related output and products will be given the same level of protection as required for the source material;

iv. No work involving FTI furnished under this Contract will be subcontracted without prior written approval of the IRS;

v. Maintain a list of employees who are authorized access to FTI. Such list will be provided to ODHS and, upon request, to the IRS reviewing office; and

vi. Include the provisions of this Section 1.a.(3)(b) in any subcontract.

(c) Failure to abide by any of the requirements in this subsection could result in criminal or civil penalties and result in termination of this Contract.

(d) Contractor may be subjected to periodic and ongoing security reviews to ensure compliance with the requirements of Section 1.a.(3).

(4) Except as prohibited by Section 1.a.(3) above, ODHS, Contractor and any subcontractor will share information as necessary to effectively serve ODHS clients.

b. Non-Client Information:

(1) Each Party acknowledges that it and any of its officers, directors, employees and agents may, in the course of performing its responsibilities under this Contract, be exposed to or acquire information that is confidential to the other Party. To the extent permitted by law, any and all information of any form provided to a Party or its officers, directors, employees and agents in the performance of the Contract that reasonably could at the time of its disclosure be understood to be confidential shall be deemed to be confidential information of the originating Party (“Confidential Non-Client Information”).

(2) Confidential Non-Client Information shall be deemed not to include information that:

(a) Is or becomes (other than by disclosure by the Party acquiring such information) publicly known or is contained in a publicly available document except to the extent applicable law still restricts disclosure;

(b) Is furnished by the originating Party to others without restrictions similar to those imposed on the receiving Party under this Contract;

(c) Is rightfully in the receiving Party’s possession without the obligation of nondisclosure prior to the time of its disclosure by the originating Party under this Contract;

(d) Is obtained from a source other than the originating Party without the obligation of confidentiality;

(e) Is disclosed with the written consent of the originating Party; or

(f) Is independently developed by the receiving Party’s officers, directors, employees and agents who can be shown to have had no access to the Confidential Non-Client Information.

(3) Nondisclosure. The receiving Party shall hold all Confidential Non-Client Information in strict confidence, using at least the same degree of care that it uses in maintaining the confidentiality of its own confidential information; and shall not sell, assign, license, market, transfer or otherwise dispose of, give or disclose Confidential Non-Client Information to third parties; shall not use Confidential Non-Client Information for any purposes whatsoever other than as contemplated by this Contract or reasonably related thereto; and shall advise any of its officers, directors, employees and agents that receive or have access to the Confidential Non-Client Information of their obligations to keep Confidential Non-Client Information confidential. These confidentiality obligations do not restrict disclosure of information otherwise qualifying as Confidential Non-Client Information if the receiving Party can show that either of the following conditions exists: (i) the information was disclosed in response to a subpoena or court order duly issued in a judicial or legislative process, in which case the receiving Party shall notify the originating Party of the subpoena five days prior to the disclosure, unless such notice could not reasonably be given; or (ii) the disclosure was required to respond to a request for the information made under the Oregon Public Records Law, ORS 192.311 to 192.478. The receiving Party shall notify the originating Party of a public records request five days prior to the disclosure.

c. Upon request and pursuant to…