7250_RFP_Rent Comparability Study Reviews_final~1.pdf

RFP #S-91400-00005881 (OHCS #7250), Rent Comparability Study Reviews

DAS Procurement Services, Version 4.1 – June 11, 2018 Page 1 of 19 OHCS Version January 20, 2021 (HAO)

STATE OF OREGON

COVER PAGE

OREGON HOUSING AND COMMUNITY SERVICES

DEPARTMENT

RENT COMPARABILITY STUDY REVIEWS

Request for Proposals (“RFP”)

OregonBuys #S-91400-00005881

(OHCS #7250)

Date of Issue: February 24, 2023

Closing Date and Time: March 28, 2023 @4:00 PM Pacific Time

Single Point of Contact (“SPC”): Holley Oglesby, Procurement Specialist

Address: Oregon Housing and Community Services Department

725 Summer Street NE, Suite B, Salem, OR 97301

Email: holley.a.oglesby@hcs.oregon.gov

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:holley.a.oglesby@hcs.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM PROPOSER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS/ REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 TIEBREAKERS

4.12 POINT CALCULATIONS

4.13 RANKING OF PROPOSERS

4.14 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/ PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 RECYCLABLE PRODUCTS

6.7 CHECKLIST DISCLAIMER

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LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C – PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – REFERENCE CHECK FORM

ATTACHMENT E – RESPONSIBILITY INQUIRY

ATTACHMENT F – CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G – PROPOSAL CHECKLIST

(Attachments are posted as separate documents to OregonBuys and OHCS’ Procurement website.)

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Housing and Community Services Department (“Agency”), is seeking Proposals from qualified professionals for the purpose of conducting Rent Comparability Study (“RCS”) reviews under the requirements of the U.S.

Department of Housing and Urban Development (“HUD”) Project-Based Section 8 Renewal Guide.

A State-Certified General Appraiser must oversee the RCS review process. Agency does not have a staff person who meets this requirement. For this reason, Agency is seeking Proposals from State-Certified General Appraisers to provide this service.

Agency currently holds the Annual Contributions Contract with HUD to provide statewide Performance Based Contract Administrator services. As part of this role, HUD requires Agency to complete an initial and Substantive Review of RCSs submitted for certain projects with its contract renewal request. HUD reviews samples of Agency's work annually.

Additional details on the scope of the Goods or Services or both are included in Section 2.4, Scope of Work.

Agency anticipates the award of one (1) Contract from this RFP. There is no regular schedule or predicted RCS review volume; therefore, there is no guarantee of any specific amount of Work or payment. Agency plans to pay an all-inclusive flat rate for each RCS review report completed and estimates the cost of each RCS review report will be approximately $1,200.00. Work will be assigned as needed by issuance of a Written Notice to Proceed from Agency substantially in the form and format shown in Attachment A (Sample Contract). Agency reserves the right to amend or terminate the resulting Contract contingent on the availability of HUD funding.

The initial term of the Contract is anticipated to be two (2) years beginning in spring 2023, with options to renew at Agency’s discretion up to a cumulative maximum of six (6) years.

1.2 SCHEDULE

Event Date Time

Questions/ Requests for Clarification Due March 16, 2023 4:00 PM

Answers to Questions/ Requests for Clarification Issued (approximate)

March 20, 2023

RFP Protest Period Ends Schedule defined under OAR 813- 005-0025

Closing (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approximate) April 18, 2023

Award Protest Period Ends 14 calendar days after Notice of Intent to Award

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The table above represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change.

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 must 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 using the Competitive Procurement procedures pursuant to its statutory authority in Oregon Revised Statutes (“ORS”) 456 and 458, as well as applicable rules, including but not limited to OAR 813 Divisions 5 and 6.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 unless provided within this document.

"Housing Assistance Payment Contract” or “HAP Contract” means HUD provides Project- Based Section 8 rental subsidies to the owners of certain mortgaged properties pursuant to a HAP Contract. HAP Contracts specify the number of units in a particular mortgaged property for which Project-Based Section 8 assistance will be provided. Under the HAP Contracts, HUD provides Project-Based Section 8 rental subsidies to the project owners in an amount equal to the difference between the HUD approved rent for a particular assisted unit and the HUD required rental contribution from eligible tenant families.

“Key Person” means Proposer’s personnel assigned to fulfill this RFP.

“Project-Based Section 8” means a program developed by HUD to provide rental subsidies for eligible low-income families. All such assistance is ‘project-based’, i.e., the subsidy is committed by HUD for the assisted units of a particular mortgaged property for a contractually determined period.

“Project-Based Section 8 HAP Renewal” means the process by which HUD renews HAP contracts with owners. Some forms for HAP Contracts grant the project owner the option to renew the HAP Contract for one or more incremental terms, up to a specified maximum term. If the HAP Contract is renewed, the provisions of the HAP Contract will remain in effect during the additional incremental term. During the additional term, HUD is obligated to make assistance payments to the owner in accordance with the HAP Contract, which payments will include any adjustments of the contract rents provided thereunder. Agency processes these HAP Contract Renewals with project owners and HUD.

“Rent Comparability Study” or “RCS” means HUD's tool for estimating market rents (the rent that a knowledgeable tenant would most probably pay for Project-Based Section 8 units, as of

DAS Procurement Services, Version 4.1 – June 11, 2018 Page 6 of 19 the date of the appraiser’s reports) for Project-Based Section 8 projects.

“State Certified General Appraiser” means an appraiser certified as a Certified General Appraiser by Oregon’s Appraiser Certification and Licensure Board.

“Substantive Review” means an assessment and evaluation of whether the RCS appraiser’s selection of comparables, adjustments, and rent conclusions are reasonable. This work must be completed by a State Certified General Appraiser.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview, Background, and Purpose

Agency is Oregon's housing finance agency, providing financial and program support to create and preserve opportunities for quality, affordable housing for Oregonians of lower and moderate income.

Agency administers programs that provide housing stabilization – from preventing and ending homelessness, assisting with utilities to keep someone stable, financing multifamily affordable housing, to encouraging homeownership. Agency delivers these programs primarily through grants, contracts, and loan agreements with local partners and community-based providers and has limited direct contact with beneficiaries. Agency's sources of funds are varied and include federal and State resources that have complex regulatory compliance requirements, and thus stewardship, compliance monitoring, and asset management are all critical functions played by Agency.

The mission of Agency is to provide stable and affordable housing and engage leaders, to develop integrated statewide policy that addresses poverty and provides opportunity for Oregonians.

Agency’s HUD contract requires Agency to review the RCS for certain projects with its contract renewal request. Agency does not have a State Certified General Appraiser on staff and must contract for these Services.

2.4 SCOPE OF WORK

The successful Proposer will be required to conduct RCS Substantive Reviews and evaluations and provide associated RCS review reports.

Specific Services include but are not limited to the following:

• Comply with the requirements of HUD’s Project-Based Section 8 Renewal Guide as it may be amended from time to time;

• Complete all Substantive Reviews of RCS facts, reasonings, and conclusions;

• Reach out to appraisers as needed to ensure they make necessary clarifications and correct errors;

• Review any revised RCS as needed and requested by Agency;

• Provide a written RCS review report to Agency of RCS conclusions, including approval or denial of an RCS; and

• Develop and maintain an RCS review report template that complies with HUD

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Due to HUD-imposed time constraints, the successful Proposer must provide written RCS review reports to Agency within 2 weeks of being tasked with an RCS review by Agency, unless a longer timeframe is specified by Agency.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM PROPOSER REQUIREMENTS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section. Proposer and Proposer’s Key Person(s) must:

• Be a State Certified General Appraiser, licensed and in good standing;

• Have at least 2 years of experience as an appraiser of multifamily housing;

• Be currently active and engaged in performing RCSs or appraisals of multifamily housing;

• Meet all requirements of the Competency Provision in the Uniform Standards of Professional Appraisal Practice (“USPAP”);

• Have read all of Section 8 Renewal Policy: Guidance for the Renewal of Project-Based Section 8 Contracts, Chapter 9;

• Have no current or prospective financial interest in any Project-Based Section 8 property, its ownership or management agent entity, or the principals of those entities;

• Not be an employee of the owner, the management agent, or the principals of those entities, or have a business or close personal/ family relationship with those parties that would commonly be perceived to create bias or a conflict of interest;

• Not be debarred or suspended from doing business with the federal government and not be under a Limited Denial of Participation imposed by any HUD Program Center having jurisdiction over a Project-Based Section 8 property; and

• Sign each RCS review report and take full responsibility for conclusions regarding RCS approval/ denial, including but not limited to participating in follow-up meetings, appeals, etc. Assistant Appraisers may contribute to any Work under this RFP if:

▪ They are employed by the same firm as the State Certified General Appraiser, and

▪ The written report identifies the roles and tasks the Assistant Appraiser performed.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Response that addresses the Evaluation Criteria in Section 4.10.3

• Disclosure Exemption Affidavit (Attachment B), as applicable

• Proposer Information and Certification Sheet (Attachment C)

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• Reference Check Form (Attachment D)

• Key Persons and their Resumes; Organization Charts

• Cost Proposal

• Responsibility Inquiry (Attachment E)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

3.2.2 Proposal Page Limits

Proposals are limited to ten (10) single sided 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:

• Cover Page

• Table of Contents

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Key Persons and their Resumes; Organization Charts

• Cost Proposal

• Responsibility Inquiry (Attachment E)

• Certified Disadvantaged Business Outreach Plan (Attachment F)

3.2.3 Proposal Format

Proposals should follow the format and reference the sections listed in Section 3.3, Proposal Requirements.

Proposer must submit one (1) electronic copy of its Proposal via email to the SPC by the Closing Date/ Time on the Cover Page. Please reference RFP #S-91400-00005881 and/or OHCS #7250 in the subject line of all Email communication. In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer must complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted electronic version of its Proposal, clearly identified as the redacted version.

Submission through OregonBuys, mail or parcel carrier or in person are not allowed for this

RFP.

3.2.4 Authorized Representative

A representative authorized to bind the Proposer must sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposals must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer must describe the Services to be performed. A Proposal that merely

DAS Procurement Services, Version 4.1 – June 11, 2018 Page 9 of 19 offers to provide Services as stated in this RFP may be considered non-Responsive to this RFP and not considered further.

3.3.1 Response to Evaluation Criteria

Describe how Proposer will carry out the Work described in this RFP, specifically addressing the elements described in Section 4.10.3, Evaluation Criteria. Provide any information necessary to demonstrate Proposer is well positioned to deliver high-quality Services to Agency.

3.3.2 Proposer Information and Certification Sheet

Proposers must 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.

3.3.3 References

Provide three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer must send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer, and submitted with the Proposal.

3.3.4 Key Persons and their Resumes; Organization Charts

Specify Key Persons to be assigned to this project and include a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience for the Work described, including those requirements identified in Section 3.1, Minimum Proposer Requirements.

Submit your firm’s organization charts, as applicable, outlining specific departments and teams related to this project.

3.3.5 Cost Proposal

Submit a detailed Cost Proposal stating the total, flat rate cost for each RCS. Include a breakdown of all labor, profit, and expenses.

3.3.6 Responsibility Inquiry

Proposers must submit a signed Responsibility Inquiry form (Attachment E) with Proposal.

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3.3.7 Certified Disadvantaged Business Outreach Plan

Proposers must submit a signed Certified Disadvantaged Business Outreach Plan (Attachment F) with Proposal.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

This RFP, including all Addenda and attachments, is published in the OregonBuys eProcurement system at www.oregonbuys.gov and on the OHCS’ Procurement website at https://www.oregon.gov/ohcs/procurement/Pages/procurement-opportunities.aspx. RFP documents will not be mailed to prospective Proposers.

Agency will advertise all Addenda, if any, in OregonBuys and on the OHCS’ Procurement website. Prospective Proposer is solely responsible for checking OregonBuys or OHCS’ Procurement website to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

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

4.3 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 email;

• Reference the RFP 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 Section 1.2, Schedule.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, or the proposed Sample Contract.

4.4.2 Protests to Addenda

Prospective Proposers may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted within fourteen (14) days of the Closing Date, or they will not be considered. Protests of matters not added or modified https://www.oregon.gov/ohcs/procurement/Pages/procurement-opportunities.aspx.

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4.4.3 All Protests must:

• Comply with procedure under OAR 813-005-0025;

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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

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

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

4.4.4 Protest Response

Agency will endeavor to respond to all protests submitted in a timely manner while giving due consideration to the nature of the protests. Agency reserves the right not to consider protests that do not comply with OAR 813-005-0025.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any delays in mail or by common carriers or by transmission errors (electronic or otherwise) or delays or mistaken delivery. Proposals submitted by any means not authorized may be rejected.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a Proposal already submitted, it must submit its modification in the authorized method listed in Section 3.2.3 and must denote the specific change(s) to the Proposal. To be effective the notice must include the RFP number and be submitted to the SPC prior to Closing.

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 Closing in accordance with OAR 137-047-0440. To be effective the notice must include the RFP number.

4.7 PROPOSAL DUE

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

A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

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4.8 PUBLIC OPENING

There will not be a public opening for this RFP. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued.

4.9 PROPOSAL REJECTION

Agency may reject a Proposal for reasons it determines to be appropriate including, but not limited to any of the following:

• 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, although an electronic signature is acceptable.

• 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 makes inappropriate contact with the SPC.

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

• A 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 Addenda.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with the Minimum Proposer Requirements section and the Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from the Proposer. The Proposer must respond within three (3) working days of the date an email has been sent from Agency. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Agency finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470 and OAR chapter 813, divisions 5 and 6.

Agency may use its discretionary action in accordance with OAR 813-006-0040.

4.10.1.2 Responsibility Determination

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

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

4.10.2 Evaluation Overview

Members of an Evaluation Committee will independently evaluate each Proposal meeting all Responsiveness requirements. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign points for each evaluation criterion based on the categories described below.

The SPC may request further clarification and reserves the right to request additional information to assist the Evaluation Committee in gaining additional understanding of a Proposal. Agency may conduct additional evaluation rounds, interviews, discussions, and Negotiations with interested Proposers who submit Proposals found to be reasonably likely to be selected for an award. If such Negotiations are held, Agency may establish a date for best and final offers.

Agency may award a Contract to a Proposer whose Proposal is most advantageous to Agency. Agency reserves the right to award a Contract to the Proposer who will best meet the requirements of this RFP, and not necessarily to the interested Proposer with the lowest cost.

4.10.3 Evaluation Criteria

A total of 100 points are possible. See Section 4.12 (Point Calculations) for a detailed breakdown by category. Proposals will be evaluated against the following criteria:

4.10.3.1 Understanding of Requested Services (20 points possible)

• How well does Proposer demonstrate a thorough understanding of the purpose of this RFP and the Scope of Work?

• How well has Proposer identified pertinent issues and potential problems related to the Work?

• To what extent does Proposer demonstrate a thorough understanding of the deliverables required by Agency?

• To what extent does Proposer display an understanding of Agency’s schedule (Contract start date and RCS turnaround time) and have a plan to meet these requirements?

4.10.3.2 Methodology and Approach (20 points possible)

• To what extent does Proposer utilize a methodology that supports successful project delivery?

• To what extent does the proposed approach achieve the objectives set forth in this

RFP?

• How well does the proposed methodology align with Agency’s schedule?

4.10.3.3 Management Plan (20 points possible)

• How well does Proposer’s organization and management plan support the project

DAS Procurement Services, Version 4.1 – June 11, 2018 Page 14 of 19 requirements and logically lead to the deliverables required in this RFP?

• How well is accountability defined and built in to Proposer’s proposed Services?

• To what extent is Proposer prepared to deliver the Services in this RFP (e.g.

hardware, software, equipment is in place; staff are in place; etc.)?

• To what extent is Proposer well positioned for timely Service delivery?

• To what extent is Proposal practical, feasible, and within Agency’s budget?

• To what extent is Proposer organized and resourced to quickly address problems that might arise?

4.10.3.4 Experience and Qualifications (15 points possible)

Criteria regarding Key Persons:

• Do Proposer’s Key Persons have required, relevant experience?

• To what extent do Key Persons’ resumes demonstrate backgrounds that would be desirable for individuals engaged in the Work under this RFP?

• How extensive is the applicable education and experience of Proposer’s Key Persons?

Criteria regarding the firm:

• How well has the firm demonstrated experience completing similar projects on time and within budget?

4.10.3.5 References (10 points possible)

References will be scored based on the following scoring criteria:

• Quality of work completed (25%)

• Timeliness of project completion (25%)

• Overall satisfaction of Proposers’ services (25%)

• Depth of knowledge (25%)

4.10.3.6 Cost Proposal (15 points possible)

Cost Proposals will be evaluated for reasonableness and competitiveness. If the Cost Proposal is higher than Agency’s anticipated budget, Proposer must provide detailed explanation of costs.

Cost Proposals will be scored using the following formula:

A = total possible points

L = lowest cost proposed

X = cost being scored

B = awarded score

“L” divided by “X” multiplied by “A” = “B”

Example: A = 100 points, L = $500, X = $1000, then B = 50 points

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4.11 TIEBREAKERS

In selecting between 2 or more equally qualified bidders in a competitive procurement, preference will be given to the Proposal maximizing program objectives. Agency will award the Contract in accordance with the procedures outlined in OAR 813-006-0010(8).

4.12 POINT CALCULATIONS

The maximum points possible for each evaluation item are listed in the table below.

POINTS POSSIBLE (Section 4.10.3) 100

4.10.3.1 Understanding of Requested Services 20

4.10.3.2 Methodology and Approach 20

4.10.3.3 Management Plan 20

4.10.3.4 Experience and Qualifications 15

4.10.3.5 References 10

4.10.3.6 Cost 15

4.13 RANKING OF PROPOSERS

The SPC will average the points for each Proposal (calculated by totaling the points awarded by each evaluation committee member and dividing by the number of members).

Agency will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score. At the conclusion of the evaluation, Agency, in its sole discretion, may determine an apparent successful Proposal with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposals at the conclusion of each round and may determine an apparent successful Proposal at any time during the solicitation process.

4.14 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/ interviews

• Additional submittal items

• Discussions and submittal of revised Proposals

• Serial or simultaneous Negotiations

• Revised rounds of Negotiations

• Best and final offers

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

Agency will notify all Proposers in writing by issuing an Intent to Award notice that Agency intends to award a Contract to the selected Proposer(s) subject to successful Negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have fourteen (14 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 a 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.

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

5.2.1.1 Protests must:

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative;

• Specify the grounds for the protest; and

• Be received within fourteen (14) calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a

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Written decision to the respective Proposer. Protests that do not include the required information will not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

A Proposer who is selected for an award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

Prior to award, Proposer must 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 (Sample Contract).

5.3.2 Taxpayer Identification Number

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

5.3.3 Business Registry

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

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract Negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of this RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for Negotiation such as the Statement of Work and insurance requirements.

In submitting its response to this RFP, a Proposer must review the attached Sample Contract and note exceptions.

To be considered in the Contract Negotiation stage, Proposers must submit those exceptions to Agency during the Questions/ Requests for Clarification period set forth in Section 1.2.

Unless Agency agrees to modify 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).

It may be possible to negotiate some provisions of the final Contract; however, Agency is not required to make any changes and many provisions cannot be changed. Modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal. Any Proposal that is conditioned upon Agency’s acceptance of any other terms and conditions http://sos.oregon.gov/business/pages/register.aspx

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The Contract, including any subsequent negotiated changes, is subject to prior approval by the Oregon Department of Justice.

Agency is unable to negotiate those items 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 10 calendar days of the Intent to Award notice, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities including those indicated in Oregon Revised Statute (ORS) Chapter 200 and ORS 279A.100 – 279A.110, as applicable. 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://www.oregon.gov/biz/programs/homeareas/contracts/Pages/default.aspx.

6.2 GOVERNING LAWS AND REGULATIONS

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

6.3 OWNERSHIP/ PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer must complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under https://www.oregon.gov/biz/programs/homeareas/contracts/Pages/default.aspx

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Oregon Public Records Law and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

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 a 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).

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer must pay all the costs in submitting 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, or costs associated with protests.

6.6 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025).

6.7 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposers. Agency makes no representation as to the completeness or accuracy of any checklist.

Prospective Proposer is solely responsible for reviewing and understanding this RFP and complying with all RFP requirements, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.