6037 Full RFP.docx

RFP 6037 OregonBuys S-44300-0011957 Att G

State of Oregon

Cover Page Oregon Health Authority Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number OREGONBUYS BID NUMBER S-44300-00011957 for FACILITATION FOR ALCOHOL AND DRUG POLICY COMMISSION COMPREHENSIVE PLANNING PROCESS Date of Issue: October 31, 2024 Opening Date and Time: December 2, 2024

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.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 2 of 27 Table of Contents

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

ATTACHMENT H EVALUATION TOOL

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority (“Agency” or OHA) Alcohol and Drug Policy Commission (ADPC) (“the Commission”), is issuing this Competitive Sealed Proposal pursuant to ORS 279B.060 and OAR 137-247-0260, for a culturally and linguistically responsive Contractor to facilitate information gathering and collaborative strategy building to inform the 2026 ADPC Comprehensive plan.

The Alcohol and Drug Policy Commission is an independent state agency created by the legislature, tasked with, “…improving the effectiveness and efficiency of state and local Substance Use Disorder (SUD) prevention, treatment and recovery services for all Oregonians.” The 16 governor appointed commissioners are informed by four committees that gather subject matter experts across the continuum of care (Prevention, Treatment, Recovery, and Harm Reduction). This agency will lead and direct the strategies developed in the comprehensive planning process to be executed in the 2026-2030 ADPC Comprehensive Plan.

As detailed below, the Contractor shall provide comprehensive meeting planning, and comprehensive planning support to all committees, as well as lead and support focus groups, and the general public during the public comment period. The Contractor will utilize trauma-informed practices, and a health equity focus throughout the meetings, ensuring commitment to the vision and values set forth by the Commission.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

The Commission anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be 13 months (to January 31, 2026) with options to renew and extend the term up to a maximum of 5 years. The initial maximum not-to-exceed compensation of the Contract will be up to $250,000, subject to possible increases if additional funding becomes available.

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 solicitation.

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.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 137-047-0290.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-247-0260. 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.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Culturally and linguistically responsive services means the provision of effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs.

Proposal means a written response submitted to the Office of Contracts and Procurement (OC&P) in response to this RFP.

Proposer means the organization or person that submits a Proposal in response to this RFP.

RFP means this Request for Proposals.

SPC means the OC&P sole point of contact who serves as the coordinator and focal point of information, communications and activities relating to this RFP.

Trauma-Informed Practice means practice that recognizes that traumatic experiences terrify, overwhelm, and violate an individual or participant. Trauma informed practice is a commitment not to repeat these experiences and, in whatever way possible, to restore a sense of safety, power, and self-worth. [citation: https://traumainformedoregon.org/resources/new-to-trauma-informed-care/what-is-trauma/] Work means the required activities, goals, milestones and objectives, reporting, and invoicing, as described in this RFP.

OVERVIEW AND PURPOSE

The Commission is tasked with developing a statewide Comprehensive Plan by September of 2025, which will be a five-year roadmap to improve the quality, efficacy, and equity of systems and services for substance use prevention, treatment, recovery, and harm reduction. The Commission will direct the legislature and partner agencies to develop infrastructure and programs to support communities disproportionately impacted by substance use related harms.

The Commission’s Health Equity Goal: The Commission’s mission is to provide data-informed, integrated prevention, treatment, harm reduction, and recovery support services through public and private partnerships using equitable and culturally, linguistically, and gender specific services. The Commission will work in partnership with communities to:

· Reduce the number of Oregonians living with Substance Use Disorder (SUD)

· Reduce the number of Oregonians who die from Alcohol, Tobacco, and Other Drug Use

· Reduce health inequities related to substance use and substance use related harms.

SCOPE OF WORK/SPECIFICATIONS

In performing the services listed below, Contractor shall work towards incorporating the Commission’s health equity goal (above), culturally responsive communication, community engagement, trauma-informed practice, and shared leadership in their facilitation. The Contractor shall also comply with any policies, practices, or procedures adopted by the committees. The Commission’s staff will provide Contractor copies of those policies, practices and procedures.

Specifications or Performance Standards.

The Commission requires that the Contractor meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

Contractor shall perform the following services according to the completion due dates set forth in the Contract:

Task #1: Attend kick off meeting with key Commission staff to introduce the team, discuss the project purpose, scope, expected outcomes, timelines, and resolve any questions about the key project roles and responsibilities.

Task #2: Revise submitted work plan (see section below) that incorporates terms discussed in kick off meeting

Task #3: Facilitate monthly committee meetings. Ensure full participation from the members of the committees. Reflectively listen and create a trauma-informed space for participants to contemplate emotional or controversial ideas and use participant reflection to bring the group to consensus in strategy proposal. The proposed goals should be clear, data-informed, actionable, and measurable. Identify tensions and use discomfort to uncover new information. Assess power dynamics and structure conversation to ensure participation from those with less power. Facilitate discussion and deliberation. Meetings will be held virtually.

Task #4: With Commission staff, plan and facilitate the incorporation of requested trainers and guest presenters into meeting spaces.

Task #5: With Commission staff, develop a strategy and convene a minimum of 6 focus groups of Oregonians disproportionately affected by substance use related harms and providers across the continuum of care with consideration for geographic, financial, language, and accessibility disparities. Equity focused, trauma informed, collaborative processes and practices should be utilized to elicit clear feedback from participants, with an explicit process for how individuals can see their input considered and/or implemented. Support participants with financial incentives (i.e. stipends) for participation in focus groups in accordance with state law.

Task #6: With Commission staff, develop and implement a regional town hall strategy, with a minimum of 8 regional conversations with consideration for geographic, financial, language, and accessibility barriers (i.e. translation services, childcare, etc). Equity focused, trauma informed, collaborative processes and practices should be utilized to elicit clear feedback from participants, with an explicit process for how individuals can see their input considered and/or implemented.

Task #7: Facilitate ad hoc subcommittee and work groups as related to the comprehensive planning process.

Task #8: Attend regular planning meetings with Commission staff twice per month.

Task #9: Collaborate with other Commission contractors as it relates to the comprehensive plan.

Task #10: Support staff in providing information for staff drafts of the comprehensive plan.

Time commitment expectations: approximately 70-80 hours per month. Monthly committee meetings are 90 minutes each (x4 committees). Once monthly Commission meetings to be included in time considerations, as well as more informal collaboration with and reporting to ADPC staff. During Public Comment period, travel within Oregon will be required.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

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

Key Person Requirements Proposers must meet all of the following minimum qualifications as confirmed by the Proposer’s responses to these requirements in and as confirmed by the Key Person resume(s) (not to exceed two pages each) submitted with the Proposal.

3.1.1.1 At least one of Proposer’s Key Persons must have a minimum of two years’ experience facilitating diverse partner groups and group processes toward collaborative decision-making.

3.1.1.2 At least one of Proposer’s Key Persons must have experience in trauma-informed meeting practices, de-escalation, and re-engagement techniques.

3.1.1.3 At least one of Proposer’s Key Persons must provide culturally responsive group facilitation, which may include but not limited to bilingual/bicultural facilitation, facilitation by individuals who share background or lived experience with the populations of focus: people with substance use disorder, people with multiple behavioral health diagnoses, people involved in youth systems (juvenile justice, child welfare, homeless services, etc.).

3.1.1.4 At least one of Proposer’s Key Persons must have baseline knowledge or experience with services and systems that serve people in Oregon with substance use disorder.

MINIMUM SUBMISSION REQUIREMENTS

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

Project Implementation Plan – Scope of Work / Specifications Disclosure Exemption Affidavit, if applicable (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 Letter(s) of Support Previous Projects Proposal Page Limits Proposal is limited to 25 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

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) Key Persons and Resumes Letter(s) of Support Previous Projects 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.

The Price Proposal (Attachment E) must 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.

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

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 may 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.

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.

Letter(s) of Support Proposer must submit at least one letter of support from an organization (which may include but is not limited to a community-based organization or education institution) addressing Proposer’s qualifications and experience to perform the Work described in Section 2.4.

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 and all requested items in Section 3.1.1.

Previous Projects Proposer must describe at least two previous projects successfully completed by Proposer’s Key Person(s) within the last three years on projects that were similar in size and scope to the work described in Section 2.4 Scope of Work of this RFP. Proposer’s prior similar projects should:

• Demonstrate Proposer’s commitment to equity within their organization and through their work; and

• Demonstrate that Proposer’s Key Persons’ lived and professional experiences align with the facilitation needs for the collaborative.

Work Plan Proposer must submit a work plan that identifies how the Proposer intends on performing the tasks described above, in the scope of work for this RFP. The Work Plan to outline how the required tasks will be accomplished by Proposer’s Key Persons during the Contract term, including projected timelines.

• The Work plan must outline the facilitation techniques Proposer would bring to the Commission.

• The Work Plan must detail Proposer’s strategies for inclusive meeting facilitation and group processes, including work toward equity, addressing power dynamics based on race, ethnicity, age, ability, sexual orientation, gender identity, position, income, lived experience and other intersections.

Price Proposal Using Attachment E – Price Proposal, provide a line-item budget that matches up with how Proposer will provide the work. This shall be submitted on Attachment E and separate from the 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.

SOLICITATION PROCESS

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.

Agency will advertise all Questions and Answers and Amendments for this RFP on OregonBuys e-procurement system as file attachments to the RFP on OregonBuys. Applicants are solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

If any Applicant has technical difficulties in accessing or using the OregonBuys e-procurement system, the Applicant may contact the OregonBuys Supplier Help Desk for assistance at support.oregonbuys@das.oregon.gov or call 1-855-800-5046. In addition, this website contains links to various supplier resources, instructions and guides regarding OregonBuys: https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx To register, visit https://oregonbuys.gov/ and click on the blue “Register” button in the top right.

OREGONBUYS REGISTRATION QUICK STEP GUIDE

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf

OREGONBUYS FULL REGISTRATION INSTRUCTIONS

https://www.periscopeholdings.com/assets/uploads/misc/OregonBuys_RegistrationGuide.pdf If you need additional registration assistance, please call the OregonBuys Vendor Help Desk at 1-855-800-5046 or email suppliersupport@periscopeholdings.com.

QUESTIONS / REQUEST FOR CLARIFICATION

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

· Be emailed to the SPC;

· Reference the OregonBuys bid number;

· Identify Bidder’s name and contact information;

· Be sent by an authorized representative;

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

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

ALTERNATIVE ACCESSIBILITY TO ADDENDA, ATTACHMENTS AND EXHIBITS

If an exhibit, attachment, or Addendum is used, but cannot be viewed or downloaded through OregonBuys, the RFP will include instructions on how to obtain these documents.

If you need assistance downloading our accessing, please call the OregonBuys Vendor Help Desk at 1-855-800-5046 or email suppliersupport@periscopeholdings.com.

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 emailed to the SPC;

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.

SOLICITATION PROTESTS

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 proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

Protests to Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Requirements for Protests All protests must:

Be delivered to the SPC via email;

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:

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

PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. 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

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 email, prior to the Opening in accordance with OAR 137-247-0440. To be effective the notice must include the OregonBuys bid number.

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.

PUBLIC OPENING

A formal public Opening meeting will not be held, but Proposers may contact the RFP SPC after the RFP Closing Date to obtain the names of the proposers who submitted a Proposal under this RFP.

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).

EVALUATION PROCESS

Responsiveness and Responsibility Determination 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 125-247-0470.

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.

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.

Proposed Work Plan (Maximum Score: 40 points):

How well does the Proposer outline the facilitation techniques they would bring to the collaborative?

How well does the Proposer outline their strategies for centering equity in practices and processes and strategic planning?

How well does the Proposer detail their strategies for inclusive meeting facilitation and group processes, including work toward equity, addressing power dynamics based on race, ethnicity, age, ability, sexual orientation, gender identity, position, income, lived experience, and other intersections?

Prior Similar Projects (Maximum Score: 20 points) Did Proposer describe at least two previous projects successfully completed by Proposer’s Key Person(s) within the last three years on projects that were similar in size and scope to the work described in Section 2.4 Scope of Work of this RFP? Proposer’s prior similar projects should:

How well did they demonstrate Proposer’s commitment to equity within their organization and through their work?

Letter(s) of Support (Maximum Score: 20 points) How well does (do) Proposer’s Letter(s) of Support demonstrate Proposer’s qualifications and experience to perform the Work described in Section 2.4?

Key Persons / Resumes (Maximum Score: 20 points) How well has Proposer demonstrated Proposer’s ability for Key Persons to perform the work?

How well does the Proposer’s Key Persons’ lived and professional experiences align with the facilitation needs for the collaborative?

Price Evaluation (Maximum Score: 20 points) Did Price Proposal, provide a line-item budget that matches up with how Proposer will provide the Work in the following ways?

· For each activity described in the Scope of Work, did the Price Proposal include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

· Did the Price Proposal include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges; and

· For all fully loaded personnel costs, did the Price Proposal 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.

PREFERENCES

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.

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.

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.

POINT AND SCORE CALCULATIONS

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

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.

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:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers 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.

Competitive Range Protest Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

Be emailed to the SPC;

Reference the OregonBuys bid number ;

Identify Proposer’s name and contact information;

Be sent by an authorized representative State the reason for the protest; and Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all 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.

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.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

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.

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.

INTENT TO AWARD PROTEST

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 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.

Protest Requirements Protests must:

Be delivered to the SPC via email;

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.

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.

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:

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.

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.

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.

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

1.1.1 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.

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.

CONTRACT/PRICE AGREEMENT NEGOTIATION

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/Price Agreement, 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/Price Agreement 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.

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

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 90 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

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.

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/SearchCertifiedDirectory.asp?XID=7586&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.

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.

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.

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.

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.

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.

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)

Attachment A: Sample Contract

Contract Number 000000

STATE OF OREGON

PERSONAL/PROFESSIONAL SERVICES CONTRACT

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Contract Administrator at the contact information found below. We accept all relay calls.

This Contract is between the State of Oregon, acting by and through its Oregon Health Authority, hereinafter referred to as “OHA,” and

Contractor d.b.a. Facility or Assumed Name Address Address Attention: (required) Telephone: (required) Fax: (optional) E-mail address: (required) hereinafter referred to as “Contractor.”

Work to be performed under this Contract relates principally to OHA’s

(Fill in with name of Office, Program, etc.)

(Insert address) (Insert city, state, zip) Contract Administrator: (Insert Name) or delegate Telephone: (Required) E-mail address: (Required)

Recitals (not standard practice but available as an option)

1. Effective Date and Duration. This Contract shall become effective on the later of: (I) the last date all required signatures in Section 6., below have been obtained, or (II) [insert start date] provided it is (i) signed by all parties on or before such date, and (ii) when required, approved in writing by the Oregon Department of Justice on or before such date, and (iii) when required, approved in writing by the Oregon Department of Administrative Services. Unless extended or terminated earlier in accordance with its terms, this Contract shall expire on [insert end date]. Contract termination shall not extinguish or prejudice OHA’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents.

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

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

b. This Contract and the documents listed in Section 2., “Contract Documents”, Subsection a. above, shall be in the following descending order of precedence: this Contract less all exhibits, Exhibits B, A, and C.

3. Consideration.

a. The maximum, not-to-exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $250,000.00. OHA will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work, and will not pay for Work performed before the date this Contract becomes effective or after the termination or expiration of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

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

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

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

|_| Contractor is a contractor |X| Not applicable Assistance Listings number(s) of federal funds to be paid through this Contract: NA

5. Contractor Information and Certification.

a. Contractor Information. This information is requested pursuant to ORS 305.385.

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION

Contractor Name (exactly as filed with the IRS):

Street address:

City, state, zip code:

Email address:

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