RFA # S-44300-00013845 Lead-Based Paint Risk Assessment and Remediation Services

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STATE OF OREGON

COVER PAGE

Oregon Health Authority Public Health Division is issuing this Request for Applications (RFA) under OregonBuys Bid Number S-44300-00013845 for

Lead-Based Paint Risk Assessment and Remediation Services

Date of Issuance: 1/29/2026 Closing Date and Time: Will remain open until OHA has established sufficient number Contractors

Single Point of Contact (SPC): Paul Yakis Address: 500 Summer Street NE, E-03 City, State, Zip Salem, OR 97301 E-mail: paul.yakis@odhsoha.oregon.gov

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

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.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 RFA 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, BACKGROUND, AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: APPLICATION AND SUBMISSION REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 SUBMISSION REQUIREMENTS

SECTION 4: APPLICATION PROCESS

4.1 PUBLIC NOTICE

4.2 APPLICATION PACKET DELIVERY OPTIONS

4.3 APPLICATION PACKET MODIFICATION OR WITHDRAWAL

4.4 APPLICATION DUE DATE

4.5 APPLICATION PACKET REJECTION

4.6 APPLICATION REVIEW PROCESS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

5.3 PRICE AGREEMENT NEGOTIATION

5.4 CONTRACTOR SELECTION METHODOLOGY

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF RFA; REJECTION OF APPLICATION PACKET; NO DAMAGES

6.4 COST OF SUBMITTING AN APPLICATION PACKET

6.5 RECYCLABLE PRODUCTS

6.6 CONTRACTUAL OBLIGATION

6.7 RESERVATION OF RIGHTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Oregon Health Authority, Public Health Division is seeking applications (Application Packet) from certified providers of lead-based paint remediation services for one or more of the following disciplines:

• Lead Risk Assessment Services

• Lead Abatement and Hazard Control Services

• Clearance Examiner Services

OHA previously solicited for these services under RFA 5431 and Price Agreements were awarded. OHA seeks to expand the number of contractors available to provide these by issuing this RFA. Qualified Applicants must complete all listed requirements identified in this RFA to be considered for award. (NOTE: For current Contractors issued a Price Agreement under the prior solicitation RFA 5431 and who want to be considered for a Price Agreement under this RFA, resulting in an overall extension of term (considering the term from the prior Price Agreement and the term of the Price Agreement from this RFA), Applicants only need to submit an application packet consisting of Attachments B and C (completed, signed, and dated where indicated.) Applicant’s prior Price Agreement will be terminated by mutual agreement with the execution of a new Price Agreement awarded under this RFA.) OHA anticipates the award of multiple Price Agreements resulting from this RFA. OHA plans to rotate through Contractors as Services are needed. The initial term of any resulting Price Agreement issued under this RFA will be for a term of 2 years, with options to renew for additional terms up to a maximum of 10 years. Hourly rates may be adjusted at time of periodic amendments for contract extensions for changes in the cost of living/consumer price index for the region.

OHA does not provide or guarantee successful Applicants any minimum amount of work under a Price Agreement; Work is to be provided on an “as-needed” basis. A Work Order Contract (WOC) will be the ordering instrument used by OHA when ordering Services under a Price Agreement.

Notwithstanding the award of Price Agreement(s) resulting from this RFA, OHA may conduct separate solicitations or award project-specific contracts/price agreements for services similar to what is described within this RFA using any method allowed by law.

1.2 RFA SCHEDULE

This RFA will remain open to receive Application Packets until OHA has established a sufficient number of Contractors to meet its needs. An Amendment to this RFA will be issued in OregonBuys when OHA determines the closing date of this opportunity.

Application Packets received after the closing date and time shall be deemed late and will not be considered for award.

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1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OHA is issuing this RFA pursuant to its authority under Oregon Revised Statute (ORS) 413.033, Oregon Administrative Rule (OAR) 125-247-0285 and Special Procurement 826-16, Request for Applications.

2.2 DEFINITION OF TERMS

For the purposes of this RFA, capitalized words are defined in OAR 125-246-0110, Code of Federal Regulations (CFR) Title 40, Subsection 745, or as defined below:

• “Abatement” means any measure or set of measures designed to permanently eliminate lead-based paint hazards as defined in 40 CFR § 745.223.

• “Applicant” means the person or legal entity that submits an Application Packet as a certified provider of Lead-Based Paint Activities in response to this RFA.

• “Application or Application Packet” means a written response submitted to OHA in response to this RFA, containing all requirements and requested information, to be considered for a Price Agreement.

• “Certified” means an individual who has been trained by an accredited training program and certified by OHA to perform Lead-Based Paint Activities in compliance with applicable state and federal laws and regulations.

• “Discipline” means one of the specific types or categories of lead-based paint activities for which individuals may receive training from accredited programs and become certified by OHA. For the purposes of this RFA, Disciplines include Certified Abatement Worker, Certified Abatement Supervisor, Certified Risk Assessor & Clearance Examiner.

• “Lead-Based Paint Activities” means, in the case of target housing and child-occupied facilities, Inspection, Risk Assessment, and Abatement, as defined in 40 CFR 745.223.

• “National Lead Laboratory Accreditation Program (NLLAP)” means an EPA program, pursuant to the Toxics Substances Control Act section 405(b), that defines the minimum requirements that a laboratory must meet to be capable of performing an analysis for lead compounds in paint, soil, and dust.

• “Risk Assessment” means on-site investigation by a Certified Risk Assessor to determine the presence, type, severity, and location of lead-based paint

6127-0 final Page 5 of 14 hazards, and the provision of a written report explaining the results of the investigation and options for reducing lead-based paint hazards.

• “Third Party” means a person or entity who performs a renovation, as defined in OAR 333-070-0200, or a lead-based paint activity, as defined in OAR 333-069-0100, on behalf of another person or entity.

2.3 OVERVIEW, BACKGROUND, AND PURPOSE

The OHA Public Health Division’s, Environmental Public Health section is seeking Contractors for lead-based paint activities for two programs:

2.3.1 Lead Based Paint Program (LBPP) for risk assessments, abatement, interim controls, and clearance services required to enforce compliance with applicable laws, pursuant to Oregon Administrative Rule, Chapter 333, Division 67 Remediation of lead-based paint hazards in target housing and child-occupied facilities.

The Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting (RRP) rule on April 22, 2008, to protect children and adults against the hazardous lead dust and chips that are disturbed during common renovation activities like sanding, cutting, and demolition in target housing and child-occupied facilities built before 1978. In 2010, the EPA gave the Oregon Construction Contractors Board (CCB) and the Oregon Health Authority (OHA) the authority to administer the rule in Oregon.

The 2021 Oregon Legislature expanded the regulatory authority of OHA’s Lead-based Paint Program by passing House Bill 2077 which allows OHA to contract with a third party (Contractor) to obtain lead-based paint Risk Assessments, Abatement and Clearance of lead hazards (lead-based paint activities) when OHA has reason to believe a violation of lead-based paint regulations has occurred. OHA has authority to impose civil penalties for violations, impose costs related to the lead-based paint activities, and impose liens for costs.

2.3.2 Childhood Lead Poisoning Prevention Program (CLPPP) for certified lead risk assessors to perform lead risk assessments or take environmental samples to identify lead-based paint hazards and probable sources of lead exposure in pre-1978 housing.

The Environmental Protection Agency (EPA) requires LBPA, as defined in 40 CFR 745.223, to be performed by certified firms and individuals. Certified lead risk assessors perform LBPA in target housing and child-occupied facilities built before 1978 by completing an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and producing a report that explains the results of the investigation and options for reducing lead-based paint hazards.

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2.4 SCOPE OF WORK

2.4.1 The scope of work may consist of one or more of the following three Lead- Based Paint Activities (Disciplines): “Lead Risk Assessment Services”, “Lead Abatement and Hazard Control Services”, and “Clearance Examiner Services”, depending on which program requests the services. Applicants must employ at least one individual Certified in at least one of the three Disciplines.

Applicant will indicate which of these Disciplines they are Certified to perform in the Application (Attachment B).

2.4.2 Each Discipline requires training from an accredited training provider, Certification from OHA, Oregon Construction Contractors Board (CCB) licensing, and compliance with all relevant laws, regulations, guidelines and policies regarding lead-based paint activities issued by the US Department of Housing and Urban Development (HUD), the Oregon Health Authority (OHA), the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and, if using an owned X-ray fluorescence (XRF) analyzer for testing, be licensed by OHA’s Radiation Protection Services or the United States Nuclear Regulatory Commission.

2.4.3 A detailed description of the Services to be performed under each Discipline, including the tasks, deliverables, reporting requirements and performance standards are found in Exhibit A, Part 1, “Statement of Work” of the Draft Price Agreement (Attachment A).

2.4.4 Unless otherwise specified in a resulting Price Agreement, Applicant shall possess or provide all labor, materials, equipment, transportation, facilities, services, permits, certifications, and licenses necessary to perform the Work.

2.4.5 A contractor that performs Lead Risk Assessment Services cannot provide Lead Abatement and Hazard Control Services on the same job and a contractor that provides Lead Abatement and Hazard Control Services cannot provide Clearance Examiner Services on the same job. Clearance examination Services must be performed by a person who is independent of the property owner and any individual or firm that performed the work that violated ORS 431A.355, 431A.358, or rules adopted thereunder.

2.4.6 All Lead-Based Paint Activities performed under this RFA and Resulting Price Agreement and Work Orders must be performed in accordance with applicable state law and administrative rules.

SECTION 3: APPLICATION AND SUBMISSION REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

Except as noted above in section 1.1 for existing Contractors issued a Price Agreement under RFA 5431, to be considered for award, Applicant must meet all minimum qualifications of this section.

3.1.1 Responsible Applicant. Applicants must meet the “Responsibility of bidders and proposers.” requirements identified in Oregon Revised Statutes (ORS 279B.110) and Oregon Administrative Rules (OAR 125-246-0500). Access to

6127-0 final Page 7 of 14 these rules can be located on the following websites:

https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx

3.1.2 Certification and Licensing. Applicant, its employees, and any subcontractors performing the Services are required to have current certification(s) issued by OHA for the Service Category/Discipline(s) applied for, and all applicable federal, state, and local licenses required to perform the Services. If an X-ray fluorescence (XRF) instrument is used, Applicant must possess current training, certification, and licensing in the use of the XRF equipment under appropriate federal, state, or local authority.

3.2 SUBMISSION REQUIREMENTS

3.2.1 To be considered for award, Application Packet must contain each of the following elements (completed, signed, and dated where indicated):

• ATTACHMENT B: APPLICATION AND REQUIRED COPIES OF

LICENSES/CERTIFICATIONS

• ATTACHMENT C: APPLICANT INFORMATION AND CERTIFICATION SHEET

• ATTACHMENT D: COBID CERTIFICATION / OUTREACH PLAN

• ATTACHMENT E: RESPONSIBILITY INQUIRY

3.2.2 Application Packet should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Application Packet. Do not include marketing or advertising material in the Application Packet.

3.2.3 Applicant shall submit Application Packet to the SPC pursuant to Section 4.3 below. The Applicant Information and Certification Sheet (Attachment C) must bear the Applicant’s Authorized Representative’s ink signature or digital signature.

SECTION 4: APPLICATION PROCESS

4.1 PUBLIC NOTICE

4.1.1 The RFA and any attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed or e-mailed to prospective Applicants. It is the sole responsibility of Applicants to download all mandatory documents posted on OregonBuys. Applicants are responsible for reading all mandatory documents prior to submitting an Application Packet pursuant to this RFA.

4.1.2 Incomplete Application Packets will be rejected; however, OHA reserves the right to allow Applicants an opportunity to correct any deficiencies at OHA’s sole discretion.

4.1.3 Modifications, if any, to this RFA will be made by written amendment(s) published in OregonBuys. Prospective Applicant is solely responsible for checking OregonBuys to determine whether or not any amendment(s) have https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx http://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx https://oregonbuys.gov/

6127-0 final Page 8 of 14 been issued. Amendment(s) are incorporated into this RFA by this reference.

4.1.4 QUESTIONS / REQUESTS FOR CLARIFICATION, All inquiries, whether relating to the RFA process, administration, deadline, or method of award, or the informational webinar, intent, or technical aspects of this RFA must:

• Be delivered to the SPC via email. Questions or requests for clarifications received via telephone will be asked to submit via email to the SPC before an official response can be posted in OregonBuys

• Be submitted by an Authorized Representative;

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

4.2 APPLICATION PACKET DELIVERY OPTIONS

Applicant is solely responsible for ensuring its Application Packet is received by the SPC in accordance with the RFA requirements before Closing. OHA is not responsible for any delays by transmission errors or for any mis-delivery for any reason. An Application Packet submitted by any means not authorized below will be rejected. Hand Delivery, Mail, Parcel Carrier, and Faxes will not be accepted. The following delivery options are permitted for this RFA:

4.2.1 OregonBuys Submission. Instructions for submission via OregonBuys are found at the following link:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor %20Formal%20Solicitation%20Response.pdf The instructions are written for “Bid” or “Quote” responses to bid solicitations, but the same process is used for submitting an Application Packet in response to a RFA. Follow the instructions to “Create the Quote”; there is no bid amount or dollar amount associated with submitting the “quote”; in the Description field type “Lead-based Paint Remediation”, click Save & Continue;

click on the Terms & Conditions tab, click Yes, click Save & Continue; click the Attachments tab, click Add File, select the application documents from your computer and open to attach; type the description of the attachment where indicated (for example “Attachment B”), click Save & Exit after each document you attach. Once all documents are attached, click Save & Continue; click the Summary tab to review. Once the Application Packet (“Quote”) is submitted, Applicant cannot edit the document, however you may withdraw the quote (instructions are included in the above link) for editing and resubmission at any time before the RFA opportunity ends. Click Submit Quote. The screen will refresh, leaving you on the Summary tab and the status in the upper right corner will have change to “Submitted”.

4.3 APPLICATION PACKET MODIFICATION OR WITHDRAWAL

If an Applicant wishes to make modifications to a submitted Application Packet, the Applicant must submit its modification in one of the authorized methods listed in Section 4.2 “Application Packet Delivery Options”. To be effective the modification must include the OregonBuys bid number and be submitted prior to Closing.

If an Applicant wishes to withdraw a submitted Application Packet, the Applicant must 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

6127-0 final Page 9 of 14 submit a written notice signed by an Authorized Representative of its intent to withdraw to the SPC via e-mail prior to Closing in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number and be submitted prior to Closing.

4.4 APPLICATION DUE DATE

This RFA opportunity will remain open until OHA has established a sufficient number of Contractors to meet its needs, an amendment to the RFA will be posted in OregonBuys announcing the close date. (Note: in OregonBuys, the date the opportunity closes is referred to as the “opening date”.) Application Packets (including all required submittal items) must be received by the SPC on or before the close date. All Application Packet modifications and withdrawals must be received prior to closing.

OHA may close or reopen this RFA at any time at its sole discretion. If this RFA is reopened, it will be issued under a different OregonBuys bid number.

Application Packets received after Closing is considered late and will not be accepted for consideration.

4.5 APPLICATION PACKET REJECTION

OHA may reject an Application Packet for any of the following reasons:

• Applicant does not meet the minimum qualifications required in Section 3.1.1.

• Applicant fails to substantially comply with all requirements in the RFA

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

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

• Applicant makes any contact regarding this RFA with State representatives such as State employees or officials other than the SPC, or inappropriate contact with the SPC.

• Applicant attempts to influence a member of the RFA review committee.

4.6 APPLICATION REVIEW PROCESS

4.6.1 Responsiveness Determination. An Application Packet received prior to closing will be reviewed to determine if it is responsive to all RFA requirements including compliance with Sections 3.2., “Submission Requirements” and 4.2., “Application Packet Delivery Options”. If the Application Packet is unclear, the SPC may request clarification from Applicant and, if necessary, SPC may request that Applicant resubmit a revised Application Packet. If the SPC finds the Application Packet non-responsive, the Application Packet may be rejected, however, SPC reserves the right to request that Applicant resubmit a revised Application Packet prior to closing. OHA reserves the right to waive mistakes in accordance with OAR 125-247-0470.

If the Application Packet is deemed non-responsive, the Applicant will be notified by e-mail by the SPC within 5 business days from receipt of the Application Packet.

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4.6.2 Responsibility determination. OHA will determine if an apparent successful Applicant is Responsible prior to award and execution of a Price Agreement. Applicants shall submit a signed Responsibility Inquiry form (Attachment G) with Application Packet. At any time prior to award, OHA may reject an Applicant found to be not Responsible.

4.6.3 Application Packet Screening. Upon completion of the initial review described above, Application Packets deemed responsible and responsive will be forwarded to a RFA review committee to determine if Applicant meets the minimum qualifications of this RFA. An Applicant that has not met the minimum qualifications will not be offered a Price Agreement.

4.6.4 All Responsive, Responsible Applicants meeting minimum qualifications may be offered a Price Agreement, however OHA makes no guarantee of Price Agreement award or any amount of work to be performed.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration. OHA may award a Price Agreement to successful Applicants based upon the methodology and process described in Section 4 above. OHA makes no guarantee of any specific award and reserves the right not to award a Price Agreement.

5.1.2 Award Notification. OHA will notify all successful Applicants in writing that OHA intends to award a Price Agreement subject to successful negotiation of any negotiable provisions of the Price Agreement.

5.2 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

Applicant(s) who are selected for a Price Agreement awarded under this RFA will be required to submit additional information and comply with the following:

5.2.1 Insurance. Applicants who are selected for award under this RFA will be required to secure and demonstrate to OHA proof of insurance coverage meeting the requirements identified in Exhibit C of Attachment A “Draft Price Agreement” prior to execution of a Price Agreement. Failure to obtain or demonstrate coverage may result in OHA terminating Price Agreement negotiations. Applicant is encouraged to consult its insurance agent about the insurance requirements.

5.2.2 Taxpayer Identification Number. Applicants who are selected for award under this RFA will be required to provide OHA its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form or Contractor Tax Identification Information (CTII) form when requested by OHA or when the backup withholding status or any other relevant information of Applicant has changed since the last submitted W-9 or CTII form, if any.

5.2.3 Business Registry. Applicants who are selected for award under this RFA that are a Corporation, Partnership, use an Assumed Business Name, or other

6127-0 final Page 11 of 14 business entity (domestic or foreign) must be duly authorized by the State of Oregon to transact business in the State of Oregon prior to execution of a Price Agreement. For more information, see:

http://www.filinginoregon.com/index.htm.

5.2.4 Pay Equity Certification. If selected for award and the Price Agreement or subsequent Work Order Contract value exceeds $500,000 and Applicant employs 50 or more full-time workers, Applicant shall submit to OHA a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Applicant 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 Applicant provide this prior to execution of the Price Agreement or subsequent Work Order Contract.

5.2.5 Nondiscrimination in Employment. As a condition of receiving the award of a Price Agreement under this RFA, Applicant’s Authorized Representative must certify by their signature on Attachment B, “Applicant Information and Certification Sheet”, pursuant to Section 3.2.1, 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3 PRICE AGREEMENT NEGOTIATION

5.3.1 After selection of successful Applicant(s), OHA may enter into Price Agreement negotiations with the successful Applicant(s). By submitting an Application Packet, Applicant agrees to comply with the requirements of the RFA, including the terms and conditions of the Draft Price Agreement (Attachment A).

5.3.2 OHA is willing to negotiate only Exhibit A of the Price Agreement.

It may be possible to negotiate some provisions of the final Price Agreement;

however, OHA is not required to make any changes and many provisions cannot be changed. Applicant is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State of Oregon.

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

5.3.4 In the event that the parties have not reached mutually agreeable terms within 30 calendar days, OHA, at its discretion, may terminate negotiations.

5.4 CONTRACTOR SELECTION METHODOLOGY

After execution of a Price Agreement, Applicant is referred to as Contractor.

Applicant understands OHA intends to award Price Agreements to multiple Applicants from this RFA. There is no guarantee that any specific work or dollar http://www.filinginoregon.com/index.htm https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

6127-0 final Page 12 of 14 amount will be authorized for and required of Contractor.

OHA will select a Contractor from among the pool of Price Agreement Contractors for each Work Order Contract (WOC). Services are requested by OHA and provided by Contractor on an as-needed basis. As Services are needed, OHA will create a request specific to each project and email that request to Price Agreement Contractor(s) directly.

The email request may include but will not be limited to, required Contractor information, selection criteria, the date and time for receipt of response, an estimated costs for the project, a description of the project, and any other project-specific details.

OHA will select a Contractor for a WOC based on one or more of the criteria below. In the event that two or more Contractors meet the criteria, OHA may authorize services on a rotating basis.

(a) Availability of certified personnel

(b) Geographic proximity of Contractor to the work site

(c) Contractor’s capacity to provide Services within the required timeframe

(d) Contractor’s level of expertise

(e) Hourly Rates/Cost

(f) Contractor’s past performance providing services for OHA using any or all of the following criteria:

o Quality of service o Ability to meet delivery schedules o Effectiveness of communication and coordination.

Once a Contractor is selected for needed services, OHA will negotiate and execute the WOC with the selected Contractor. OHA will email the executed WOC to Contractor. The WOC incorporates the terms and conditions of the Price Agreement. Each WOC will contain:

o Price Agreement number;

o Assigned WOC number;

o Project work site location address;

o Specific project service area(s);

o Duration/Term;

o Compensation; and o Service Discipline(s).

The WOC is considered agreed to by the parties in writing and executed as a binding contract. Contractor shall provide the requested Services consistent with the description of Services in Exhibit A, Part 1, “Statement of Work” of the Draft Price Agreement (Attachment A).

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SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

This RFA is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFA, evaluation, and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or 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.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Application Packets are public record and are subject to public inspection after OHA issues the notice of the intent to award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Application Packets submitted in response to this RFA become the property of OHA.

By submitting an Application Packet in response to this RFA, Applicant grants the State of Oregon a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Application Packet solely for the purpose of evaluating the Application Packet, negotiating a Price Agreement, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Application Packets, including supporting materials, will not be returned to Applicant.

6.3 CANCELLATION OF RFA; REJECTION OF APPLICATION PACKET; NO DAMAGES.

Pursuant to ORS 279B.100, OHA may reject any or all Application Packets in-whole or in-part or may cancel this RFA at any time when the rejection or cancellation is in the best interest of the State of Oregon or OHA, as determined by OHA. Neither the State of Oregon nor any State agency is liable to any Applicant for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this RFA or a Price Agreement award, or rejection of any Application Packet.

6.4 COST OF SUBMITTING AN APPLICATION PACKET

Applicant shall pay all costs incurred in connection with its Application Packet, including, but not limited to, the costs to prepare and submit the Application Packet, costs of samples and other supporting materials, and costs to participate in demonstrations.

6.5 RECYCLABLE PRODUCTS

Applicant shall use recyclable products to the maximum extent economically feasible in the performance of the services or work described in this RFA and the subsequent Price Agreement. (ORS 279B.025).

6.6 CONTRACTUAL OBLIGATION

All Applicants who submit an Application Packet in response to this RFA understands

6127-0 final Page 14 of 14 and agrees that OHA is not obligated thereby to enter into a Price Agreement with any Applicant and further, has absolutely no financial obligation to any Applicant.

6.7 RESERVATION OF RIGHTS

OHA reserves all rights regarding this RFA, including, without limitation, the right to:

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

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

6.7.3 Waive any minor informality;

6.7.4 Seek clarification of each Application;

6.7.5 Negotiate the statement of work within the scope of work described in this RFA and to negotiate the rate;

6.7.6 Amend for additional compensation or extend the term of any Price

Agreement/Work Order Contract that is issued as a result of this RFA;

6.7.7 Engage Applicant by selection or procurement for different or additional services independent of this RFA process and any contracts/agreements entered into pursuant hereto;

6.7.8 Enter into direct negotiations to execute a Price Agreement with a responsive Applicant, in the event that the Applicant is the sole Applicant to this RFA, and OC&P determines that the Applicant satisfies the minimum RFA requirements;

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