5440-0 final.pdf

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STATE OF OREGON

COVER PAGE

OHA-Oregon State Hospital

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00006034 for

“THE JOINT COMMISSION” (TJC) CONSULTATION AND

MOCK SURVEY

Date of Issue: 3/7/2023

Opening Date and Time: 4/6/2023 3:00pm

Single Point of Contact (SPC): Paul Yakis

Address: 635 Capitol Street NE, Suite 350 City, State, Zip Salem, OR 97301 Phone (voice) 503-509-5493 E-mail: paul.yakis@dhsoha.state,or.us mailto:paul.yakis@dhsoha.state,or.us

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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

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS/REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 PROPOSAL CONTENT REQUIRMENTS

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 SCORING AND RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

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ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D (Reserved)

ATTACHMENT E PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the OHA, (“Agency”), is issuing this Request for Proposal under the provisions of ORS 413.033 for mock surveys, assessments, reports, consultation, and educational services.

The primary goal of the Mock Survey program is to have an outside entity assist Oregon State Hospital with Continuous Survey Readiness by providing mock surveys, assessments, reports, consultation, and educational services.

OHA expects to award one Contract in the Not-to-Exceed (NTE) amount of $400,000.00 for the period TBD through June 1, 2028.

The scope of the services for the Contract is described in Section 2.4, “Scope of Work”. The parties will negotiate the final Statement of Work to be included in the Contract.

1.2 SCHEDULE

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

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due 03/21/2023 3:00PM

Answers to Questions / Requests for Clarification Issued (approx.) 03/28/2023

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal 04/06/2023 3:00PM

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

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

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 413.033

Agency is using the Competitive Sealed Proposal method, pursuant to ORS. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations;

d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For purposes of this RFP and the resulting Contract, the terms below shall have the following meanings:

Contract means the Contract awarded as a result of this RFP.

Contractor means the Offeror selected through this RFP to enter into a Contract with OHA to perform the Work.

Key Personnel or Key Persons means the person or persons on Offeror’s staff to be assigned to perform the Work under the Contract. For Key Persons not identified prior to Proposal submission, a position description must be submitted.

Office of Contracts and Procurement (OC&P) means the entity that is responsible for the procurement process for OHA.

PDT means Pacific Daylight Time (PDT).

Professional Judgment means Applying knowledge, skills and experience, in a way that is also informed by professional standards / knowledge, laws and ethical principles, to develop an opinion or decision about what should be done to best serve clients

Proposal means a written response submitted to OC&P in response to this RFP.

Offeror means the person or entity that submits a Proposal.

RFP means Request for Proposal.

Work means the required activities, tasks, deliverables, reporting, and invoicing requirements, as described in Section 3-Scope of Work of this RFP.

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2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Oregon health authority (OHA) is the organization at the forefront of lowering and containing costs, improving quality, and increasing access to health care in order to improve the lifelong health of Oregonians. OHA is responsible for most state health services and for implementing the health care reforms in house bill HB2009 of 2009. OHA is overseen by the nine-member citizen Oregon health policy board working toward comprehensive health and health care reform in our state.

the OHA mission is helping people and communities achieve optimum physical, mental and social well-being through partnership, prevention and access to quality, affordable health care. OHA’s work is organized into three broad goals: improve the lifelong health of all Oregonians, increase the quality, reliability and availability of care for all Oregonians and lower or contain the cost of care so it is affordable to everyone.

OHA values service excellence, leadership, integrity, health equity and partnership.

the patients at OSH as well as the citizens of Oregon will benefit from this project. over the last eleven years, OSH has had four very successful TIC surveys. with each survey, there are specific focus areas that can be improved or strengthened related to patient safety. OSH needs to continue that success as there are hundreds of patients receiving services and federal CMS funding reimbursement at stake. should OSH not receive TIC accreditation, that funding reimbursement could be jeopardized.

2.3.2 Project Overview and Background

OSH has utilized external consultants for accreditation processes for many years. As the actual full survey process is a focused weeklong event, OSH leadership wishes to continue contracting out services with external consultants to be as thoroughly prepared as possible for a full TIC survey. Through this project and contract, the external consultant will aid in that preparation which, if the survey is successful, result in the approval of CMS funding reimbursement. This project will completely mirror all of TIC’s survey processes and the organization will have fully aligned responses for such surveys.

2.4 SCOPE OF WORK/SPECIFICATIONS

• Task 1: Contractor will conduct full mock surveys, upon agency request, in accordance with the following criteria:

1. Two to five surveyors (contractors) shall be present for each survey and constitute the following:

a. At least one professional staff who is up to date with all current “The Joint Commission” (TJC) standards, CMS regulations, and relevant Oregon Administrative Rules (OARs) that may be more stringent than TJC and CMS standards.

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b. At least one registered nurse who is up to date with current TJC and CMS standards.

c. If possible, a building engineer who is up to date with all current TJC and CMS standards.

2. Each full mock survey shall comprise a review of both the Salem and Junction City campuses.

3. Contractor shall be physically present on the Salem campus for a minimum of 4 and a maximum of 5 contiguous days for each full mock survey.

4. A minimum of 2 contractors shall be physically present on the Junction City campus for a minimum of one day and a maximum of 2 days per full mock survey.

5. Each mock survey shall generally adhere to the schedule similar to that described in the most current The Joint Commission Survey Activity Guide.

6. The contractor shall conduct each survey in accordance with The Joint Commission’s standard of practice for accreditation and deemed status surveys and in alignment with all required CMS regulations.

Note: ‘day’ or ‘days’ refers to a standard workday from approximately 8 am to approximately 5 pm, with one hour for lunch.

• Expected Outcome(s): Mock surveys, findings and reports, that closely resemble an accreditation and deemed status survey processes, as conducted by TJC.

• Deliverable(s):

1. During each survey, contractors will provide real time feedback, observations and recommendations to staff.

2. Each full mock survey shall have an entrance conference detailing the following, at a minimum:

a. An introduction session

b. An outline scheduled for the full mock survey

c. Planning session for the full mock survey

d. Planned objectives for the full mock survey

3. Each full mock survey shall have an exit conference each day detailing the following, at a minimum:

a. Draft preliminary findings

b. Hospital locations surveyed that day

c. A review of education and consultation provided

d. Draft results of the full mock survey at the final exit conference

4. Each survey will result in the creation of a formal document, resembling a survey report from The Joint Commission, and using a risk matrix model, indicating:

a. Which standard and element of performance or regulation is cited

1) OSH requires that each citation also include the specific location and, if patient services are cited, the specific patient chart number.

b. An evaluation of each cited element’s level of risk

c. An evaluation of each cited element’s scope within the organization

• Performance Measure(s): Number and location of mock surveys conducted annually, the duration of each mock survey, identified good and best practices, identified practices which could result in negative outcome, number and types of findings during and after

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• Task 2: Contractor will conduct 1-2-day focused audits/mock surveys based on specific chapters in TJC’s Hospital, Behavioral Healthcare, and Laboratory manuals. The contractor will provide from 0-4 focused mock surveys annually, as requested. These focused audits will not occur within 6 months of the Task 1 full mock surveys.

• Expected Outcome(s): Mock surveys, findings, and reports, that closely resemble an accreditation and deemed status survey processes, as conducted by TJC.

• Deliverable(s):

1. During each focused mock survey, contractors will provide real time feedback, observations and recommendations to staff.

2. Using the SAFER matrix model, each focused audit/mock survey will result in the creation of a formal document, resembling a survey report from The Joint Commission, indicating:

a. Which standard and element of performance or regulation is cited.

1) OSH requires that each citation will include the rationale, and description of the standard and related element of performance.

2) OSH requires that each citation also include the specific location and, if patient services are cited, the specific patient chart number.

b. An evaluation of each cited element’s level of risk

c. An evaluation of each cited element’s scope within the organization

• Performance Measure(s): number and location of focused audits/mock surveys conducted annually, the duration of each focused audit/mock survey, identified good and best practices, identified practices which could result in negative outcomes, number and types of findings during and after each focused mock survey, effectiveness of each focused mock survey in covering key areas, accuracy of the findings from each focused mock survey, value of each focused mock survey to the organization.

• Task 3: Contractor will provide education to OSH staff regarding standards interpretation, regulations and TJC and CMS survey methodology.

• Expected Outcome(s): Staff will be able to cite standards and regulations that apply to identified areas of non-compliance. Staff will know the level of risk incurred with regulations or standards that are out of compliance. Staff will be able to demonstrate mock survey, tracer, and audit processes consistent with acknowledged processes.

• Deliverable(s): During audits, surveys, and tracers, contractors will provide real time feedback, observations, and recommendations to staff about standards and regulations.

Should specialized or focused trainings be requested, contractors will report on findings from audits, tracers, and surveys to hospital leadership. Processes used by the contractor to determine findings will be shared with Standards and Compliance staff and hospital

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• Performance Measure(s): Number of minutes of training provided, number of staff trained, training curriculum of standards/regulations

• Task 4: Advise organizational leaders regarding OSH performance, during the survey process, as well as staff response to training and consultation. Inform hospital leaders, and other necessary staff, of survey findings and provide recommendations and consultation regarding any necessary assessments, corrective action plans, sustainment plans, and/or implementation strategies.

• Expected Outcome(s): Leadership awareness will increase regarding organizational strengths and opportunities to improve based on the findings and reports from surveys.

Leadership will be aware of systemic or isolated issues and understand the prioritization of risk levels and scope.

• Deliverable(s): Report document findings from audits, tracers, and mock surveys with recommendations and suggestions for improvement. Determine and clarify systemic, patterned and/or isolated issues. Identify best practice approaches that are applicable and transferrable. Develop a prioritize risk list of specified standards, regulations, policies or administrative rules with which the hospital has been found out of compliance.

• Performance Measure(s): Number of citations submitted in the reporting process, number of strategies on which consultations occurred, value of tracer, audit, mock survey recommendations, number of best practices noted, action steps implemented related to risk lists or other strategies identified.

• Skills

1. in depth knowledge of TJC’s hospital, behavioral health, and lab manuals, standards and elements of performance

2. in depth knowledge of CMS conditions of participation

3. familiarity of and proficiency with TJC’s survey process

4. knowledge of TJC requirements for the provision of deemed status

5. working knowledge of the tracer methodology and ability to conduct tracers or tracer like activities

6. in depth knowledge of TJC reports and ability to write reports that emulate those provided by TJC post survey

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

All Proposers must meet all of the following minimum qualifications as confirmed by the Proposer’s responses to these requirements in Attachment G, Part 1, and as confirmed by the Key Person’s(s’) resume(s) which must include applicable license and certificate numbers, submitted with this Proposal.

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3.1.1 Seven (7) or more years of recent experience with Comprehensive Accreditation Manual for Hospital Standards

3.1.2 Five (5) or more years of recent organizational experience with Comprehensive

Accreditation Manual for Behavioral Healthcare Standards

3.1.3 Five (5) or more years of recent organizational experience with Centers for Medicare and Medicaid Services Conditions of Participation, State Operations Manual, Appendix AA - Psychiatric Hospitals

3.1.4 Five (5) or more years of recent organizational experience with providing healthcare accreditation and/or Quality Improvement consultation

3.1.5 Five (5) or more years of recent organizational experience with providing surveys or mock surveys to healthcare organizations receiving ‘deemed status’ and/or CMS licensure

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Resumes

3.2.2 Proposal Page Limits

There are no mandatory page limits. However, OHA recommends Proposers voluntarily limit their responses in Attachment E – Proposal Form for Sections 4.9.1 - 4.9.7 to 10 pages.

The following items do not count toward the recommended voluntary page limit:

Proposal Information and Certification Sheet (Attachment C) Any other required forms

3.2.3 Proposal Format and Quantity

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in How to electronically respond to a Bid in OregonBuys for electronic submission.

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

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Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

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

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

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

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

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

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

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

https://oregonbuys.gov/

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• Be delivered to the SPC via an OregonBuys.

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.3 SOLICITATION PROTESTS

4.3.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.3.2 Requirements for Protests

All protests must:

• Be delivered to the SPC via Oregonbuys.

• Reference the OregonBuys bid number.

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.4 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys

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Proposal submission should be electronically through OregonBuys. at: OregonBuys.gov

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via Oregonbuys prior to the Opening in accordance with OAR 137-047-0440. To be effective the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

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

A late Proposal will be returned to the Proposer or destroyed.

4.7 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 137-047-0610.

4.8 PROPOSAL REJECTION

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

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

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

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

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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4.9 PROPOSAL CONTENT REQUIRMENTS

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

4.9.1 Proposal Information and Certification Sheet (Attachment C)

The Proposer shall complete and submit the Proposal Information and Certification Sheet (Attachment C).

4.9.2 Responsibility Inquiry (Attachment G)

The Proposer shall complete and submit a signed Responsibility Inquiry form (Attachment G) with the Proposal.

4.9.3 Proposal Form (Attachment E)

The Proposer shall complete and submit Attachment E Proposal Form responses to the RFP Proposal requirements for RFP 5440 as set forth in Section 3.1.1 (Minimum Key Person requirements), Sections 4.9.4 subsection 4.9.4.1 – 4.9.4.3 and 4.9.5 below.

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4.9.4 Technical Proposal

4.9.4.1 Organizational Capacity:

The Proposal must briefly describe Proposer’s experience and capacity to perform the Work described in this RFP, including, but not limited to: 1) experience with project coordination and evaluation; and 2) capacity to begin and continue the Work for the period described in this RFP. Include names and addresses of any government or private agencies with which the Proposer has contracted to provide services within the last three years.

4.9.4.2 Key Persons:

The Proposal must specify Key Persons to be assigned to this Project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described in Section 2.4. Scope of Work (See also Section

3.1.1 Minimum Key Person Requirements and its certificate and license number submission requirements). For Key Persons not identified prior to Proposal submission, Proposers shall submit a detailed position description and explanation of how the Key Person position will be filled.

OHA reserves the right to approve or deny Key Persons submitted for review after award of the Contract.

4.9.4.3 Project Implementation Plan:

The Proposal must briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work, as described in Section 2.4 of this RFP.

Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the Proposer will serve to coordinate and accomplish the Work, furnishing the deliverables described in Section 2.4 Scope of Work. The Proposer must include at least the following in the management plan submitted in response to this RFP:

Project Management:

• Describe how the project team will interact, utilize and communicate with OHA.

• Explain how the project team will utilize their leadership to oversee the efficient and timely completion of project requirement tasks.

• Describe the level of direction provided by the Project Manager to the work team and any subcontractor used.

Method/Approach:

• Describe how Proposer will achieve the project objectives.

• Describe how Proposer will evaluate the effectiveness and efficiency of the services and training provided.

• Describe how Proposer would prioritize competing requests for assistance.

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• Proposer shall outline, by geographic region or area of specialty, how the response to the requests will be met.

4.9.5 Price Proposal

For each activity described in the Scope of Work, the Price Proposal must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs, The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and For all fully loaded personnel costs, the Price Proposal must include the name and title of all positions for each individual staff person who will perform the Work, and list the salary/wage and fringe rate separately for each such individual.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with

OAR 137-047-0470.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

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

4.10.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed below in this section.

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

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4.10.2.1 Organizational Capacity (4.9.4.1) (Maximum Score: 10 points): How well did Proposer describe Proposer’s experience and capacity to perform the Work described in this RFP including project coordination and evaluation, the ability to begin and continue the Work?

4.10.2.2 Key Persons (4.9.4.2) (Maximum Score: 20 points): How well has the

Proposer demonstrated that its Key Persons possess the knowledge, understanding and experience of service delivery to perform the required Work? Did Proposer identify Key personnel to be assigned to the project and include resume(s) that demonstrate qualifications and experience necessary for performing the Work described in Section 2.4. Scope of Work? For Key Persons not yet hired, have detailed position descriptions been included?

4.10.2.3 Project Implementation Plan (4.9.4.3) (Maximum Score: 20 points): How well has the Proposer demonstrated a thorough understanding of the purpose, scope and timelines to implement the project including Project Management, Project Schedule, and Method/Approach?

4.10.2.4 Price Proposal (4.9.5) (Maximum Score: 50 Points):

Based on the requirements of section 4.9.5, deliverable specific pricing will be added together to create a total cost or price score. Then, the SPC will conduct the price evaluation.

The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.10.3 PREFERENCES

4.10.3.1 Oregon Supplies and Services [Reserved]

4.10.3.2 Reciprocal Preference [Reserved]

4.10.3.3 Recycled Materials [Reserved]

4.10.3.4 Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion.

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The maximum score (points) possible are as follows:

Evaluation Criteria Maximum Score (Points)

1) Organizational Capacity: 10

3) Key Persons: 20

4) Project Implementation Plan 20

5) Price Proposal 50

TOTAL MAXIMUM SCORE POSSIBLE: 100

4.12 SCORING AND RANKING OF PROPOSERS

SPC will rank all Proposers advancing through all rounds of evaluation. 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) from all rounds of competition, together, and final cost. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

• All higher ranked Proposals are non-Responsive.

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

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

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter

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279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via Oregonbuys.

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

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

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

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

5.3.4 Pay Equity Certification

http://sos.oregon.gov/business/pages/register.aspx

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If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes.

Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

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

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within 30 calendar days, https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 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.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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

6.2 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

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

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

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Price Agreement award, or the rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

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

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025) https://www.oregon.gov/das

3.3 PROPOSAL REQUIREMENTS