5812-0 final~1.pdf

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STATE OF OREGON

COVER PAGE

OHA-Health Systems

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00009743

“WIC NUTRITION EDUCATION BROCHURES “

Date of Issue: 3/13/2024

Opening Date and Time: 4/17/2024 3:00pm

Single Point of Contact (SPC): Paul Yakis

Address: 500 Summer St NE, E-03 City, State, Zip Salem, OR 97302 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 POINT AND SCORE CALCULATIONS

4.11 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 RESERVATION OF OC&P RIGHTS

6.8 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST PROPOSAL

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 “Proposers,” to provide WIC Nutrition Education brochures.

OHA expects to award 1 contract(s) as a result of this opportunity and will be contracted for three (3) years. Amendments to the contract are accepted up to ten (10) years beyond initial contract period.

The contract will include an option to update yearly. Final NTE will be negotiated with the successful bidder based on their own cost proposal and according to deliverables and requirements found in the scope of work. Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

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 4/3/2024 3:00PM

Answers to Questions / Requests for Clarification Issued (approx.) 4/10/2024

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Opening of Proposal 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 pharmacy reforms in Oregon Senate Bill 608 (2023 regular session). 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 ensuring all people and communities can achieve optimum physical, mental and social well-being through partnerships, 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.

2.3.2 Project Overview and Background

The Oregon Health Authority’s Nutrition & Health Screening/Oregon Women, Infants and Children (WIC) Program began 50 years ago. It serves to safeguard the health of low-income women, infants, and children younger than five who are at nutritional risk. The WIC program provides supplemental food, nutrition education, and referrals to health care and other social services to low-income, nutritionally at-risk women, infants, and children up to 5 years of age. Recently, program eligibility has been extended to include non-breastfeeding women (up to 6 months postpartum) and children up to age 5.

The OHA Public Health Division, Office of Nutrition and Health Screening procures and provides to local Women, Infants and Children (WIC) clinic sites located throughout Oregon a nutrition education series for pregnant and postpartum women and children, birth to 5 years old. Historically, the nutrition education series, “Help Me Be Healthy”, was the standard WIC relied on to provide the information to this targeted audience. The company has recently gone out of business. We are requesting a replacement source for these brochures.

2.4 SCOPE OF WORK/SPECIFICATIONS

1. Work to be performed under the Contract awarded through this RFP includes:

a. Oregon WIC will require approximately 75,000 brochures over 3 years based on the current caseload of 81,500 participants across the state and an unlimited number of downloads of web-based materials. Contractor shall ship products ordered by the WIC local agencies directly to various local WIC Clinic sites.

b. The selected nutrition education series must meet the following qualifications. The series must contain nutrition education materials geared towards pregnant and postpartum women and children birth to 5 years old. A variety of health and nutrition topics must be included, but are not limited to:

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(1) Tips for a Healthy Pregnancy

i. Prenatal nutrition including information about choosing a variety of foods from each food group and meal and snack ideas

ii. Food safety

iii. Prenatal weight gain

iv. Staying active

v. Information about prenatal care

vi. Folic acid and iron information; Prenatal vitamins

vii. Avoiding tobacco, alcohol and drugs

viii. Pregnancy discomforts such as morning sickness, heartburn and constipation

ix. Information about breastfeeding and preparing for breastfeeding

(2) Health Tips for New Moms

i. Postpartum care

ii. Postpartum nutrition including information about choosing a variety of foods from each food group and meal and snack ideas.

iii. Vitamins to take postpartum

iv. Physical activity

v. Postpartum depression

vi. Avoiding tobacco, alcohol and drugs

vii. Information about breast and formula feeding

viii. Support from family members and friends, self care

(3) Birth to 6 Months

i. Information about breast and formula feeding

ii. Paced bottle feeding

iii. kin to skin

iv. Importance of holding infant while feeding

v. Feeding often, infant stomach size

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vi. Signs of hunger and fullness

vii. Infant safety

(4) 6 to 12 Months

i. Introducing solids

ii. Progression of textures

iii. Offering one food at a time

iv. Finger foods

v. Portion sizes

vi. Food safety

vii. Examples of offered foods

viii. Introducing a cup

ix. Foods to avoid

(5) 1 to 1½ Years

i. Portion sizes and examples of foods to offer

ii. Learning to use utensils and a cup

iii. When and where to eat

iv. Choking hazards

v. Allow child to eat as much or as little as they want

vi. Introduction to whole milk

(6) 1 ½ to 2 Years

i. Try new foods along with familiar foods

ii. Portion sizes and examples of offered foods

iii. Meal and snack routine

iv. Repetition of foods

v. Choking hazards

vi. Water between meals

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vii. Allow child to eat as much or as little as they want

(7) 2 to 2 ½ Years

i. Transition to low fat milk

ii. Repetition of foods

iii. Meal and snack routine

iv. Model good eating habits

v. Portion sizes and examples of offered foods

vi. Don’t make separate meals

(8) 2 ½ to 3 Years

i. Limit distractions during meals

ii. Portion sizes and examples of offered foods

iii. Eat together as a family

iv. Meal and snack routine

v. Eat at own pace

vi. Division of responsibility

(9) 3 to 3 ½ Years

i. Meal and snack routine

ii. Repetition of foods

iii. Normal eating patterns

iv. Model good behavior

v. Portion sizes and examples of offered foods

vi. Offer a variety of foods

vii. Age-appropriate kitchen tasks

viii. Division of responsibility

(10) 3 ½ to 4 Years

i. Age-appropriate kitchen tasks

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ii. Meal and snack routine

iii. Portion sizes and examples of offered foods

iv. Division of responsibility

(11) 4 to 4 ½ Years

i. Age-appropriate kitchen tasks

ii. Portion sizes and examples of offered foods

(12) 4 ½ to 5 Years

i. Portion sizes and examples of offered foods

ii. Choosing healthy foods

iii. Trying new foods

iv. Age-appropriate kitchen tasks

Other topics of interest include a newborn feeding guide and a father’s series.

c. The selected series must have:

(1) electronic and print materials available and allow for an unlimited number of downloads of web-based materials,

(2) must have the ability to translate web content and print materials,

(3) must be translated into Spanish, Russian, Vietnamese, Cantonese, Arabic, Somali, Dari, and Ukrainian, with the possibility of additional languages at the request of Oregon WIC,

(4) must allow for the customization of materials in content and branding including cultural foods, context, and visual representation,

(5) must have mobile-friendly formatting,

(6) must have the availability to warehouse materials and provide fulfillment services,

(7) must have accessibility in web content, and,

(8) web content must be updated by the selected service to align with current nutrition education research, to be reviewed annually.

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d. Required printing parameters:

(1) 8½” x 5½” half fold brochures

(2) 100# text silk coated paper

(3) Satin aqueous paper finish

(4) 92% brightness or better

(5) Full Color printing

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SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS -RESERVED

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)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.2.2 Proposal Page Limits

There are no mandatory page limits. However, OHA recommends Proposers voluntarily limit their Proposal 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.

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.

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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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

4.1PUBLIC 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:

• 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.

https://oregonbuys.gov/

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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

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 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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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

There will be no public Opening of Proposals. However, Agency may post the name of each Proposer on the OregonBuys system following Closing; no other information will be made available at that time. Proposals received will be available for public inspection after the evaluation process has been completed and the notice of Intent to Award issued, pursuant to

OAR 137-047-0630.

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 to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

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.

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4.9.3 Technical Proposal

1. The Technical Proposal information must address all Proposal and submission requirements set forth in this RFP and must describe how the services will be provided. Proposals that merely offer to provide services as stated in this RFP will be considered non-responsive to this RFP and may result in a lower scoring for that portion of the RFP. Proposer must respond to the following requirements:

(1) Past Performance:

(a) Describe Proposers past experience developing and implementing similar activities for at least two projects similar to the size and scope of this RFP.

(b) Provide 3 references from these previous projects that Proposer worked on utilizing Attachment 4-Reference Check Form.

(2) Key Persons:

Specify Key Persons to be assigned to this Project who demonstrates qualifications and experience for the Work described in Section 2.4 “Scope of Work”. For Key Persons not identified prior to the Proposal submission, a position description must be submitted and explanation of how the Key Person position will be filled.

(3) Approach and Implementation Plan:

Describe Proposers approach to providing the services under an awarded contract. Include a detailed implementation plan for assigning key persons ensuring their continued availability in order to complete the work within the contract schedule.

2. Cost Proposal Requirements.

Proposer’s response must specify a firm and fixed fee for completion of the cost of dispensing development, implementation, and presentation process. Attachment E or similar may be used but needs to identify firm fixed fee and a breakdown of all cost elements included in the firm fixed fee.

4.9.4 Responsiveness and Responsibility Determination

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.

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.

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4.9.5 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.

Proposals will be scored on a scale of 0 to 100 points. Maximum point values and evaluation criteria for each section are described below. Award, if one is made, will be made to the highest ranked responsive, responsible Proposer.

Proposers to this RFP will be evaluated using the following criteria:

a. Technical Evaluation, Scoring or Weighting.

(1) Evaluation Item 1- (Past Performance 4.9.3, 1., (1)):

(a) How well did the Proposer’s examples demonstrate the experience necessary to perform successfully under an awarded contract?

(b) How satisfied were the 3 references with Proposer’s previous work based upon the answers to the questions on the reference check forms?

Maximum Points Available- 30

(2) Evaluation Item 2- (Key Persons 4.9.3, 1., (2)):

(a) How clearly does Proposer identify Key Persons and provide requested information?

(b) How well does Key Persons specific experience fulfill the requirements in this

RFP?

(c) How well does the Proposer demonstrate experience.

Maximum Points Available- 10

(3) Evaluation Item 3- (Approach and Implementation 4.9.3, 1., (3)):

(a) How well did the Proposer describe their approach and implementation for carrying out the Scope of Work as described in this RFP?

(b) How well did the Proposer show their approach for filling and maintaining availability of qualified Key Persons to complete the project on schedule?

(c) How well does Proposer’s Plan address the content required to accomplish the Scope of Work?

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(d) How realistic are Proposer’s timelines and how well do they fit the Agency’s needs?

(e) How well does Proposer use its resources for the implementation?

(f) How well does Proposer’s overall plan address Special Processes and meet the needs of the Agency?

Maximum Points Available- 35

(4) Evaluation Item 4- (Cost Proposal 4.9.3, 2:.

Proposer shall provide a firm and fixed deliverable price for the contracted work.

Proposer shall also provide an itemized breakdown of all cost elements included in the fixed price. OHA reserves the right to negotiate this firm and fixed price at the time of contract award.

The Proposal with the lowest cost will not necessarily be selected. OC&P reserves the right to make this determination in the best interest of the State and in accordance with Oregon Administrative Rules.

Cost points will be awarded based upon the total costs submitted for each Cost Proposal. This total will be used to determine the application of points for each Cost Proposal.

Cost Proposals will be awarded as a percentage of the cost points available based on the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

(L/X) * Y = A Where:

L = Cost of the lowest Proposed fixed price X = Cost of Proposal being scored Y = Total Points available A = Awarded points

Maximum Points Available- 25

4.9.6 PREFERENCES

4.9.6.1 Oregon Supplies and Services [Reserved]

4.9.6.2 Reciprocal Preference [Reserved]

4.9.6.3 Recycled Materials [Reserved]

4.9.6.4 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.

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4.10 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.

The maximum score (points) possible are as follows:

Evaluation Criteria Maximum Score (Points)

1) Past Performance: 30

2) Key Persons: 10

3) Approach and Implementation: 35

4) Cost Proposal/Evaluation: 25

TOTAL MAXIMUM SCORE POSSIBLE: 100

4.11 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

Award, if one is made, will be made to the highest ranked responsive, responsible Proposer.

Proposer ranking will be determined by the sum of its scores on the Technical and Cost Proposals.

OHA will enter into negotiations with the highest ranked Proposer with verifiable references.

References for the highest ranked Proposer may be contacted to verify that Proposer has the skills and requirements that Proposer has included in its Proposal. OHA may choose to not award a Contract. In the event that Contract negotiations with the highest ranked Proposer are not successful within a reasonable time frame, OHA reserves the right to terminate negotiations with the highest ranked Proposer, and negotiate with the next highest ranked Proposer and so on, until successful negotiations are completed, or OHA decides to terminate all negotiations and cancel the solicitation. The determination of what constitutes a reasonable time frame for purposes of this paragraph shall be solely at the determination of OC&P. This protocol will be followed until a Contract has been signed. If all Proposals are rejected, Proposers will be promptly notified.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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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

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

DAS Procurement Services, Version 4.4 July 1, 2021 Page 21 of 24 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

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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.4 July 1, 2021 Page 22 of 24 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, 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.

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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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.

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 RESERVATION OF OC&P RIGHTS

OC&P reserves all rights regarding this RFP, including, without limitation, the right to:

• Amend or cancel this RFP without liability if it is in the best interest of the State to do so, in accordance with ORS 279B.100;

• Reject any and all Proposals received by reason of this request upon finding that it is in the best interest of the State to do so, in accordance with ORS 279B.100;

• Waive any minor informality with the provisions or procedures of this RFP, and to seek clarification from the Proposer, if required;

• Reject any Proposal that fails to substantially comply with all prescribed procurement procedures and requirements;

• Negotiate the statement of work within the scope of work described in this RFP and to negotiate the rate;

• Extend, amend or negotiate any contracts that are a result of this RFP, in accordance with the terms and conditions of the contract document posted on OregonBuys;

https://www.oregon.gov/das

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• Engage Contractor by selection or procurement for different or additional services independent of this RFP process or any contracts/agreements entered into pursuant hereto;

• Enter into direct negotiations to execute a Contract with a responsive Proposer, in the event that the Proposer is the sole Proposer to this RFP, and OC&P determines that the Proposer satisfies the minimum RFP requirements;

• Reject any Offer upon finding that to accept the Offer may impair the integrity of the procurement process or that rejecting the Offer is in the best interest of the State.

6.8 RECYCLABLE PRODUCTS

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

3.3 PROPOSAL REQUIREMENTS