5955-0 RFP final.pdf

DAS Procurement Services, Version 4.5 March 31, 2023 Page 1 of 20

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services

Is issuing this Intermediate Procurement Request For Proposals (RFP) under OregonBuys Bid Number S-10000-00010358 for

CO-LOCATED DOMESTIC VIOLENCE ADVOCATE FOR

MULTNOMAH COUNTY

Date of Issue: May 30, 2024 Opening Date and Time: July 15, 2024 at 3:00 PM

Single Point of Contact (SPC): Burke Barnett, Procurement Specialist

Address: 500 Summer St., Suite E03

City, State, Zip Salem, OR 97301

Phone: 503-910-7821

E-mail: Burke.C.Barnett@odhsoha.oregon.gov

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.

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:dhs-oha.publicationrequest@state.or.us mailto:dhs-oha.publicationrequest@state.or.us

DAS Procurement Services, Version 4.5 March 31, 2023 Page 2 of 20

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 OREGONBUYS LANGUAGE

2.4 OVERVIEW AND PURPOSE

2.5 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

SECTION 4: Minimum Submission Requirements

4.1 PROPOSAL SUBMISSIONS

4.2 PROPOSAL FORMAT AND QUANTITY

4.3 AUTHORIZED REPRESENTATIVE

4.4 PROPOSAL REQUIREMENTS

SECTION 5: SOLICITATION PROCESS

5.1 PUBLIC NOTICE

5.2 PRE-PROPOSAL CONFERENCE

5.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

5.4 PROPOSAL DELIVERY OPTIONS

5.5 PROPOSAL MODIFICATION OR WITHDRAWAL

5.6 PROPOSALS DUE

5.7 PROPOSAL REJECTION

5.8 EVALUATION PROCESS

5.9 POINT AND SCORE CALCULATIONS

5.10 RANKING OF PROPOSERS

5.11 INTERVIEWS

5.12 ADDITIONAL ROUNDS

5.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.3 CONTRACT NEGOTIATION

SECTION 7: ADDITIONAL INFORMATION

7.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

7.2 CERTIFIED FIRM PARTICIPATION

7.3 GOVERNING LAWS AND REGULATIONS

7.4 OWNERSHIP/PERMISSION TO USE MATERIALS

7.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

7.6 COST OF SUBMITTING AN PROPOSAL

7.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

7.8 RECYCLABLE PRODUCTS

DAS Procurement Services, Version 4.5 March 31, 2023 Page 3 of 20

LIST OF ATTACHMENTS

ATTACHMENT A - SAMPLE CONTRACT

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - RESERVED

ATTACHMENT E - PRICE PROPOSAL FORM

ATTACHMENT F - COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G - RESPONSIBILITY INQUIRY

DAS Procurement Services, Version 4.5 March 31, 2023 Page 4 of 20

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services (ODHS) (“Agency”), is issuing this Request for Co-Located Domestic Violence Advocacy Services.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be from the date of contract execution until June 30, 2026, with an option to renew for an additional 1-year term.

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 June 28, 2024 3:00 PM

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

Within 10 business days of receiving questions

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) Within 60 Days of Closing Date

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.

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 RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

2.2.1 Addendum or Addenda means an addition to, deletion from, a material change in, or general interest explanation of, a solicitation document.

2.2.2 Certified Advocate means a person who has completed at least 40 hours of training in advocacy for victims of Domestic Violence, Sexual Assault, or stalking

DAS Procurement Services, Version 4.5 March 31, 2023 Page 5 of 20 that meets the minimum training requirements set for certification and is currently employed with qualified victims’ services program.

2.2.3 Client means any individual or family that is affected by Domestic Violence who will receive services performed by the successful Proposer under a resulting contract.

2.2.4 Culturally Responsive Services means a set of congruent behaviors, attitudes, and policies that come together in a system, organization or among professionals and enable that system or those professions to work effectively in cross cultural situations

2.2.5 Domestic Violence (DV) means a pattern of assaultive, coercive behaviors including physical, sexual, psychological, spiritual, and emotional abuses, as well as economic coercion, that people use against their intimate partners, family members, and/or cohabitants to gain power and control in that relationship.

Domestic Violence includes hurting, threatening, or putting someone down or making them afraid. It also includes trying to control them or make them do things against their own volition.

2.2.6 Proposal means a response to this RFP, submitted in OregonBuys by the Proposer.

Proposal and Proposal Packet have the same meaning in this RFP.

2.2.7 Proposer means a Vendor who submits a Proposal for review and consideration of Contract award.

2.2.8 Qualified Victim Services Program means a nongovernmental, nonprofit, community-based program receiving moneys administered by the state Department of Human Services or the Oregon or United States Department of Justice, or a program administered by a tribal government, that offers safety planning, counseling, support or advocacy services to victims of domestic violence, sexual assault or stalking; or a Sexual Assault center, victim advocacy office, women’s center, student affairs center, health center or other program providing safety planning, counseling, support or advocacy services to victims that is on the campus of or affiliated with a two or four-year post-secondary institution that enrolls one or more students who receive an Oregon Opportunity Grant, in accordance with OAR 137-085-0060 thru 137-085-0080.

2.2.9 Sexual Assault means any touch or act for which consent is not given that is sexual in content or used for sexual gratification or stimulation of the perpetrator(s). The perpetrator(s) may use threat of force, intimidation, force, trickery, coercion, or bribery where an imbalance exists because of size, strength, authority, age, development, or knowledge. Sexual Assault includes, but is not limited to: rape, oral and anal sodomy, exhibitionism, voyeurism, obscene phone calls, sexual pictures, and prostitution.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 6 of 20

2.3 OREGONBUYS LANGUAGE

Language specific to the OregonBuys electronic procurement system follows.

2.3.1 An Amendment is a change or addition to a Bid Solicitation. Changes or additions to this RFP will be made by written Amendment(s) posted in OregonBuys. Intent to Award notices will also be posted as Amendments to the Bid Solicitation.

2.3.2 The Attachments described in “Proposal Requirements” (subsection 4.2) can be found in OregonBuys as Attachments to the Bid Solicitation. Proposer must download these Attachments and this RFP Document from OregonBuys.

2.3.3 The Bid or Bid Solicitation number S-10000-00010358 is ODHS’ electronic process to request Proposals from qualified persons to provide the Navigator Services.

2.3.4 Bid Availability Date is the date and time Proposers will be able to see the Proposal in OregonBuys and download the Attachments.

2.3.5 Bid Opening Date is the date and time the Bid Solicitation closes in OregonBuys.

After this date and time, Proposals will no longer be accepted from Proposers.

2.3.6 A Quote is a Vendor’s response to a Bid Solicitation. The Quote for this Bid Solicitation is the Proposal Packet. See Section 4 “Navigator Proposal.”

2.3.7 When used in OregonBuys, a Seller or Seller Administrator means the same as a Vendor, supplier, or the Proposer.

2.3.8 Vendor refers to an individual or a business (public or private) that registers in OregonBuys to respond to Bid Solicitations, view Attachments, or view executed contracts.

2.4 OVERVIEW AND PURPOSE

2.4.1 Agency Overview and Background

ODHS is Oregon’s principal agency for helping Oregonians achieve well-being and independence through opportunities that protect, empower, respect choice, and preserve dignity, especially for those who are least able to help themselves.

ODHS provides direct services to more than 1 million Oregonians each year. These services provide a key safety net for those in our society who are most vulnerable or who are at a difficult place in their life.

Vision: Safety, health, and independence for all Oregonians.

Mission: To help Oregonians in their own communities achieve well-being and independence through opportunities that protect, empower, respect choice, and preserve dignity.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 7 of 20

Goals:

a. People are safe and living as independently as possible.

b. People are able to support themselves and their families through stable living wage employment.

c. Children and youth are safe, well and connected to their families, communities, and cultural identities

d. Choices made by seniors and people with disabilities about their own lives are honored.

e. Partners, clients, and stakeholders are actively engaged in a variety of collaborative and meaningful ways.

f. Culturally specific and responsive services are provided by highly qualified and diverse staff.

g. The department is committed to equal access, service excellence and equity for all

Oregonians.

2.4.2 Project Overview and Purpose

Proposer shall provide on-site Certified Advocate services, in or near Multnomah County, for Clients voluntarily choosing to seek advocate and support relating to the abusive behavior of an intimate partner, family members, and/or cohabitants.

Proposer shall use Survivor Investment Partnership (SIP) funds to provide direct support to Clients of the Contractor. These funds are intended to be given directly to survivors for financial assistance that the Contractor and the survivor determine best meets the need of the survivor.

2.5 SCOPE OF WORK/SPECIFICATIONS

2.5.1 The Scope of Work consists of the Statement of Work that is described in Exhibit A, Part 1 of “Attachment A – Sample Contract”.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, the Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Meets the Definition of a Qualified Victim Services Program (QVSP).

3.1.1.1 See Section 2.2 for more details

3.1.2 Available to Provide a Certified Advocate

3.1.2.1 See Section 2.2 for more details

3.1.3 Maximum Price Proposal

3.1.3.1 Any Proposal with an estimated budget exceeding $216,216.09 will NOT be considered by the Agency for Contract award.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 8 of 20

3.1.3.2 This amount includes a portion of funds derived from a grant and these particular funds cannot be utilized for certain expenses.

SECTION 4: MINIMUM SUBMISSION REQUIREMENTS

4.1 PROPOSAL SUBMISSIONS

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

• Executive Summary

• Detailed Supervision Plan

• Detailed Communication Plan

• Description of Proposer’s plan on how to achieve the objectives of the Scope of Work/Specifications

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Key Persons and Resumes

4.2 PROPOSAL FORMAT AND QUANTITY

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in OregonBuys Vendor Formal Solicitation Response.pdf for electronic submission.

The Price Proposal may be submitted as a separate electronic response file.

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.

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 9 of 20

4.3 AUTHORIZED REPRESENTATIVE

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

4.4 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. An Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive Proposal, 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. Proposals should be straightforward and address the requests of the RFP. Proposals containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

4.4.1 Proposer Information and Certification Sheet

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

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

4.4.2 Price Proposal

Submit a detailed Price Proposal (Attachment E) electronically though OregonBuys either as a separate file or as part of the overall Proposal packet. The included “Attachment E – Price Proposal” provides a suggested format, but this document may be changed in order to suit the needs of each Proposer. Additionally, while the Price Proposal is required to be submitted to be considered a valid proposal, Proposer may utilize their own version of Attachment E, so long as it has all of the required information described in this RFP.

4.4.3 Key Persons and their Resumes

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 RFP.

4.4.4 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 10 of 20

SECTION 5: SOLICITATION PROCESS

5.1 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.

5.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

5.3 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 submission or email;

• 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.

5.4 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 delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

An 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 an Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

5.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If an 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 https://oregonbuys.gov/ 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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 11 of 20 submitted to the SPC prior to Opening.

If an 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 email or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

5.6 PROPOSALS DUE

An 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.

An 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.

5.7 PROPOSAL REJECTION

Agency may reject an 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).

5.8 EVALUATION PROCESS

5.8.1 Responsiveness and Responsibility Determination

5.8.1.1 Responsiveness determination

An 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 125-247-0470.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 12 of 20

5.8.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) within 5 Business Days of receipt of Intent to Award notice.

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

5.8.2 Evaluation Criteria

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

16-19 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

12-15 ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

6-11 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-5 RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

5.8.2.1 Evaluation Item 1 (Proposed Supervision Plan) – 20 points

• How will you ensure supervision and support for an out-stationed advocate?

o How will you become acquainted with the ODHS office structure and environment?

o What do you think is important to know about the ODHS office and staff to support the co-located advocate?

o What is the ongoing plan for check-ins with the co-located advocate?

DAS Procurement Services, Version 4.5 March 31, 2023 Page 13 of 20 o How will you integrate the co-located advocate into your own agency?

5.8.2.2 Evaluation Item 2 (Proposed Communication Plan) - 20 points

• How will you maintain ongoing communication with the local ODHS office?

o What methods of communication will you use?

o What do you feel are important elements to communicate with ODHS staff regularly?

o How will you address challenges with the partnership?

5.8.3 PRICE EVALUATION

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 (10) price score price being scored

5.8.4 PREFERENCES

5.8.4.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

5.8.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

5.8.4.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

5.8.4.4 Tiebreakers

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.

https://www.naspo.org/reciprocity1

DAS Procurement Services, Version 4.5 March 31, 2023 Page 14 of 20

5.9 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 70

Round 1 – Document Submissions – Points Possible 40

5.10.2.1 Evaluation Item 1 – Proposed Supervision Plan 20

5.10.2.2 Evaluation item 2 – Proposed Communication Plan 20

(Optional) Round 2 – Interview – Points Possible 20

5.10.3 PRICE POINTS POSSIBLE 10

Scores are the values (0 through 10) assigned by each evaluator.

5.10 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

5.11 INTERVIEWS

ODHS reserves the right to include virtual interviews as a second round of the Proposal process. If ODHS elects to conduct second round interviews, then the top two (2) Proposers will be forwarded to the Evaluation Committee to be invited to participate in interviews.

Interviews will be conducted via videoconferencing through Microsoft TEAMS. All interview questions will refer to Proposer’s ability to provide the services required of this RFP

The following procedures shall apply:

1) ODHS reserves the right to provide further procedures or change any of the following procedures, and if it does so, ODHS will notify the Proposers of such further procedures or changes when it notifies the Proposer of the time and date of the interview.

2) ODHS will make two attempts to contact Proposers moving forward to interviews using the contact information provided on the Proposal Packet Cover Sheet. Due to tight program deadlines, Proposers who are not able to participate in the interviews during the dates and times available will not be awarded a Contract.

3) Proposers can choose whomever they want to attend the interviews but will be limited to no more than five Proposer representatives. The attendees should be subject matter experts from the Proposer’s perspective, prepared to respond to interview questions related to this RFP.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 15 of 20

4) Proposers will receive the interview questions 24 hours in advance of their scheduled interview time.

5) Proposers who do not show up to their scheduled interview time will be considered nonresponsive to the interview and their Proposal Packet will not be considered further.

6) Interviews are scheduled for 60 minutes to address each of the questions that will be answered by the Proposer. The SPC will facilitate the meeting providing opportunity for Proposers and Interview Committee Members to discuss each of the questions.

7) The SPC will need to take attendance of all attendees before the start of interviews. No discussion of questions or Proposer’s responses will be allowed until the official start of the interviews after the attendance process is completed.

8) Each question will be read by the SPC, one at a time. The Proposer will then have an opportunity to provide an answer to the question. After the Proposer has answered the question, each Evaluation Committee Member will have an opportunity to ask clarifying questions and the Proposer will be able to provide an additional response to their answer.

Following the interview period, each Interview Committee Member will assign a score for each interview question asked, up to the maximum score available, based on the answers provided by the Proposer.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

5.11.1 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 16 of 20

5.12 ADDITIONAL ROUNDS

Best and Final Offers

Proposers in the Competitive Range may submit Best and Final Offers. The written Best and Final Offer (“Revised Proposal”) must be submitted on or before the due date and time set forth in the notice of Competitive Range and must be delivered to the Single Point of Contact. LATE

REVISED PROPOSALS WILL NOT BE ACCEPTED.

If Proposer elects not to submit a Revised Proposal, Proposer’s initial Proposal will be accepted as the Best and Final Offer and evaluated accordingly.

Best and Final Offer Requirements

Best and Final Offers must be submitted in writing in the form of an amendment to the Proposer’s initial Proposal. Best and Final Offers must comply with the following requirements and specifications:

• Identify Proposer’s business name and reference RFP 5803; and

• Submit One (1) copy of the revised Proposal with original Signature, identified as the “master”, and at least 1 copy; and

• Clearly identify the information included Proposer’s initial Proposal that Proposer intends to amend or replace in terms of the page, section and paragraph of Proposer’s initial Administrative, Technical or Price Proposal; and

• Include the replacement information, which shall comply with the requirements listed in this RFP; and

• Include a redlined version of the Sample Contract (attached to the RFP as Attachment A) and any and all other documents applicable to the requests set forth in the RFP or applicable Amendment(s); and

• Include a Best and Final Offer letter, signed in ink by Proposer’s authorized representative, which summarizes the Proposal aspects amended by the Best and Final Offer and states that the information included in the Best and Final Offer supersedes the corresponding information included in Proposer’s Proposal submitted on or before the Closing Date listed on the Cover Page of this RFP; and

• Include all information requested in the Best and Final Offer letter.

5.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 20

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.1.1 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.

6.1.2 Intent to Award Notice

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

6.2 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:

6.2.1 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 B of Attachment A.

6.2.2 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.

6.2.3 Business Registry

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

6.2.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

6.2.5 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.

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 20

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

6.2.6 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.

6.3 CONTRACT NEGOTIATION

6.3.1 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 can review the attached Sample Contract and note exceptions. Proposer may submit those exceptions to Agency with the rest of their Proposal. Agency does not anticipate having any part of the contract be negotiated, but any contract exceptions can be reviewed during contract negotiations and discussed at that time.

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).

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.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

If the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 20

SECTION 7: ADDITIONAL INFORMATION

7.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Proposals for this contracting opportunity.

7.2 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.

7.3 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.

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 20 the case of Proposals that were submitted late and rejected by Agency.

7.5 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 award, or the rejection of any Proposal.

7.6 COST OF SUBMITTING AN 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, and costs to participate in demonstrations.

7.7 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.

7.8 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) https://www.oregon.gov/das