73000-00013839_RFP_Final.docx

State of Oregon

Oregon Department of Transportation Request for Proposal (“RFP”) RFP TITLE: Transportation Safety Public Engagement Survey RFP/Bid Solicitation Number: S-73000-00013839 Date of Issue: See “Available Date” for this RFP in OregonBuys Opening Date and Time: See “Bid Opening Date” and time for this RFP in OregonBuys.

Purchaser/Single Point of Contact: See “Purchaser” and “Info Contact” for this RFP in OregonBuys.

Notes:

· OregonBuys: This RFP is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement system (https://oregonbuys.gov/bso/). See RFP section 1.3 – OregonBuys for information regarding vendor registration and terminology used in OregonBuys platform.

· Hyperlinks: This document must be viewed electronically to access files, forms, provisions or other documents provided via hyperlinks within this RFP.

· Accessibility: The Oregon Department of Transportation is committed to complying with all statutory requirements to ensure that it is providing information that is more accessible to people with disabilities, as required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and 36 C.F.R. 1194 Appendix A. This includes information regarding the solicitation process. Please contact the Single Point of Contact (“SPC”) identified in OregonBuys (see “Purchaser” and “Info Contact”) to request reasonable accommodation for access, due to a disability, to information related to this solicitation, or the solicitation process, or both. Accommodation requests must be received by the SPC 3 business days prior to the Proposal Submission Deadline (see “Bid Opening Date” and time in OregonBuys).

· Non-Discrimination: Agency, in accordance with the Title VI of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all Proposers that it will affirmatively ensure that all business enterprises will be afforded full opportunity to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award.

RFP/Bid Solicitation 73000-00013839; Public Opinion Survey

DAS Version 4.5 –ODOT Form S011-G050823 Page 4 of 33 Table of Contents

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Department of Transportation, (“Agency” or “ODOT”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for reducing traffic fatalities and serious injury crashes by developing, promoting, and implementing effective transportation safety programs.

Additional details on the Scope of Services are included in the Scope of Work/Specifications (RFP Section 2.4).

Agency anticipates the award of 1 Contract from this RFP.

The initial term of the Contract is anticipated to be 3 years with options to renew up to an estimated cumulative of 5 years.

SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

OREGONBUYS

Registration Requirement; OregonBuys User Guides.

All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance (https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf). Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. ODOT will accept no responsibility for incorrect vendor information.

See OregonBuys User Guides located on OPO’s Contracting with ODOT page (https://www.oregon.gov/odot/Business/Procurement/Pages/HowTo.aspx) for quick reference information regarding common questions from vendors when using OregonBuys.

Crosswalk of Terms used In OregonBuys

RFP ATTACHMENTS

In addition to the provisions set forth and linked within this RFP, this RFP incorporates by this reference the information published or linked on the OregonBuys Bid Solicitation page for this RFP, including but not limited to:

· Details entered in the Header Information section;

· All RFP attachments, “Amendments” (if any), and any other files linked in the File Attachments and Form Attachments subsections; and

· Information, if any, entered in the “Questions” and “Item Information” sections.

PURCHASER/SINGLE POINT OF CONTACT

The single point of contact for this RFP is identified as the “Purchaser” along with Purchaser’s “Info Contact” in OregonBuys.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation 1095-20 (as amended), DAS Tiered Delegation Agreement.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. 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 and in RFP section 1.3.2 - Crosswalk of Terms used In OregonBuys.

“Agency” or “ODOT” means The Oregon Department of Transportation.

“APM” means Agency Project Manager.

“CFR” means Code of Federal Regulations.

“DUII” means Driving Under the Influence of Intoxicants.

“Interviewer” means Contractor hired and trained staff who will conduct the opinion surveys.

“NHTSA” means National Highway Traffic Safety Administration.

“OAR” means Oregon Administrative Rules.

“ORS” means Oregon Revised Statutes.

“Public Opinion Survey Methodology” means a tool for consistently implementing a scientific protocol for obtaining data from respondents. The instrument involves a questionnaire that provides a script for presenting a standard set of questions and response options. The survey instrument includes questions that address specific study objectives and will also be used to collect demographic information for calculating survey weights.

“RFP” means Request for Proposal.

“TSD” means Transportation Safety Division.

OVERVIEW AND PURPOSE

Agency Overview and Background The Agency works to change negative public attitudes and driving behaviors around Oregon’s transportation safety problem areas and issues. To evaluate the effectiveness of this work, the selected Proposer shall ask the public what they are thinking, and research how the public are interacting with selected state agencies. The selected Proposer, in cooperation with the Agency, should conduct public opinion surveys which include those recommended by National Highway Traffic Safety Administration (“NHTSA”).

Project Overview, Background and Purpose A study by NHTSA indicated that enforcement of laws alone is not effective. Public information about enforcement efforts is needed. The public information campaign was designed to increase awareness of laws related to safe vehicle and roadway use; and to provide the awareness of, and perception of enforcement of those laws along with the possibility of losing licensed driving privileges if in violation of those laws.

Among the leading contributing factors to motor vehicle deaths and injuries in Oregon are driving under the influence of alcohol and other drugs, speeding, and non-use of safety belts. Young drivers under age 25 continue to be over-represented in crashes. There is strong evidence, in Oregon and in other states, that laws and enforcement efforts are only effective if they are effectively and continuously publicized. According to NHTSA, public information campaigns should be comprehensive, seasonally focused, and sustained.

Since 1984, ODOT-Transportation Safety Division (“TSD”) has carried out comprehensive traffic safety public education campaigns focusing particularly on Driving under the Influence of Intoxicants (DUII), and encouraging usage of safety belts. Current TSD safety campaigns also include, but are not limited to: Aging Road Users, Non-motorized (Bicycle and Pedestrian Safety), Driver Education, Emergency Medical Systems, Motorcycle Safety, Occupant Protection (safety belts and child safety seats), Police Traffic Services, Safe and Courteous (which includes Distracted Driving), Speed, and Work Zone Safety. Research has been utilized to evaluate the success of the campaigns and to assist with targeting public messages. Surveys of Oregon's driving population indicate that the TSD public information campaigns are widely recognized.

The public opinion surveys of Oregon's driving population completed under the awarded Contract are intended to assist the Agency in gauging the effectiveness of its ongoing public information and education campaign(s).

SCOPE OF WORK/SPECIFICATIONS

See Attachment A – Sample Contract, Exhibit A Statement of Work for the scope of work.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS [RESERVED]

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):

· Proposer Information and Certification Sheet (Attachment C, including Appendix 1) Disclosure Exemption Certification (Attachment B) – submit only 1 copy if applicable - see Proposal Format and Quantity section below) Price Proposal form (Attachment E) Technical Proposal See RFP section 5.3 for submittal requirements of selected firm after award notice.

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 Certification (Attachment B) Proposer Information and Certification Sheet (Attachment C, including Appendix 1) Price Proposal (Attachment E) The project manager resume (Evaluation Criteria 4.10.2.5, not to exceed 2 pages) Work product sample (Evaluation Criteria 4.10.2.7) Proposal Format 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.

· Price information must be submitted via OregonBuys (see RFP section 3.3.3 for detailed format and submittal requirements).

· All other required submittal items must be submitted via OregonBuys in Adobe Acrobat (pdf) or Microsoft Word (docx) format.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a completed and signed Disclosure Exemption Certification (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

Electronic Submittal Provisions

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 Services to be performed. A Proposal that merely offers to provide the 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), with the “APPROVED” checkbox marked to certify approval of the Proposal and compliance with Oregon Tax Laws by a duly authorized representative empowered to bind the Proposer. Failure to demonstrate compliance with Oregon Tax Laws may result in a finding of non-Responsibility.

Also mark the appropriate box for item 10 regarding Conflict of Interest (COI) disclosures. If disclosures are required for Proposer or any subs, use COI Disclosure Form(s) linked on Attachment C to make the disclosures.

References Provide 3 references from current or former client firms for similar projects performed within the last 4 years. List the reference contact information in Appendix 1 of RFP Attachment C. 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.

Price Proposal Submit a detailed Price Proposal (Attachment E) as a separate file uploaded via the Attachments tab for this RFP in OregonBuys. The detailed Price Proposal must include the following items:

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. If awarded a Contract, the hourly rates submitted in the Price Proposal shall remain in effect for not less than the first 12 months of the Contract. https://www.oregon.gov/das/Financial/Acctng/Documents/40.10.00.pdf.

Key Persons and their Resumes [RESERVED] Technical Proposal Proposer shall Provide written responses as specified in RFP section 4.10.2 – Evaluation Criteria specifically regarding:

· Evaluation Item 1 – Understanding of Requested Services/Project

· Evaluation Item 2 – Project Approach

· Evaluation Item 3 – General Qualifications

· Evaluation Item 4 – Capabilities

· Evaluation Item 5 – Project Team and Qualifications

· Evaluation Item 6 - Supporting Resources/Supportive Information

· Evaluation Item 7 – Work Product Sample

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the OregonBuys eProcurement system (https://oregonbuys.gov/bso). RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

PREPROPOSAL CONFERENCE

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

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, the intent or technical aspects of the RFP, contractual requirements, or any other provision must:

Be submitted in writing via email to the Purchaser identified in OregonBuys for this RFP. The email must include the RFP number and 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, RFP 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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below.

Protests to Addenda Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

Requirements for Protests All Protests must:

Be delivered via email to the Purchaser identified in OregonBuys for this RFP;

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:

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 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, RFP section 1.2;

Protests to Addenda must be received by the due date identified in the respective Addendum.

PROPOSAL SUBMITTAL VIA OREGONBUYS

Proposer is solely responsible for ensuring its Proposal and all required submittal items are submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Proposals submitted by any other means will be rejected.

Agency is not responsible for any delays by transmission errors or delays, or for any misdelivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to withdraw or modify a submitted Proposal, Proposer must do so using the “Withdraw Quote” button in OregonBuys prior to the Bid Opening Date and time for this RFP in OregonBuys. Proposal withdrawals and modifications must be in conformance with requirements set forth in OAR 125-247-0440.

PROPOSAL DUE

A Proposal (including all required submittal items) must be received in OregonBuys on or before the Bid Opening Date and time for this RFP specified in OregonBuys.

A Proposal received after the Bid Opening Date and time is considered LATE and will NOT be accepted for evaluation.

PUBLIC OPENING

There will be no public Opening of Proposals. 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 pursuant to OAR 137-047-0630. However, Agency will record and make available the identity of all Proposers after Opening.

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.

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 Purchaser or persons authorized by the Purchaser, or makes inappropriate contact with the Purchaser.

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 Addenda.

EVALUATION PROCESS

Responsiveness and Responsibility Determination Responsiveness Determination A Proposal received prior to the Bid Opening Date for this RFP will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the Purchaser may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the Purchaser 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. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment G) following receipt of Intent to Award notice as required in RFP section 5.3.4.

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

Evaluation Criteria Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available listed for each scored item.

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

Evaluation Item 1 – Understanding of Requested Services/Project (Maximum Points: 15) Demonstrate a clear and concise understanding of the scope of work based on existing information, and address the general description of the project purpose and key issues, especially those related to transportation safety. Response should indicate any special expertise specific to effective public opinion research, or to transportation safety related research.

Evaluation Item 2 – Project Approach (Maximum Points: 15) Demonstrate ability to clearly define:

The action to be taken to effectively perform the tasks and subtasks in RFP Attachment A – Sample Contract, Exhibit A Statement of Work and provide a finished product similar to RFP Attachment H – Sample NHTSA Public Opinion Survey. (10 points Maximum); and How project miscommunications challenges/conflicts would be minimized and how they would be handled. Response should indicate management approach to be utilized when addressing key issues of the project. (5 points Maximum).

Evaluation Item 3 – General Qualifications (Maximum Points: 15) Demonstrate qualifications to complete the Services requested in this RFP. Response must address the following:

Projects performed within the last 3 years, most comparable to the Services requested in this RFP. (5 points Maximum);

Include a description of project type, volume of survey sample size, contract amount and duration, and how it is comparable to the Services requested in this RFP. (5 points Maximum); and Indicate whether the work was accomplished within the original estimated budget and schedule, or needed to be revised. Briefly explain how the project was delivered on schedule and on budget, or the reason for any budget or schedule revisions. (5 points Maximum).

Evaluation Item 4 – Capabilities (Maximum Points: 18) Demonstrate capability and capacity to complete the requested Services. Response must address the following:

Describe how you can accommodate the varying levels of Services assigned under this scope of work, including any limitations (3 points Maximum);

Geographical location of key members and capability of key members to provide the Services under the Contract (Attachment A - Sample Contract, Exhibit A, Section E, including Contingency Task C1.2) and to attend presentation meeting in Salem, Oregon (3 points Maximum);

Describe your internal procedures and policies related to work quality and cost control (3 points Maximum);

Provide a description of the applicable training received by key member(s) and their experience levels (3 points Maximum);

Describe how you would accomplish public opinion surveys (3 points Maximum); and Explain your management and organizational structure and how this structure is beneficial for the successful completion of this Project (3 points Maximum).

Evaluation Item 5 – Project Team and Qualifications (Maximum Points: 10) Demonstrates Proposer’s team qualifications and experience relating to the requested Services. References listed on the Proposer Information and Certification Sheet (Attachment C, Appendix 1) or other documented references may be used by the Agency during the evaluation of this criterion.

Response must address the following:

Describe the extent of Principal involvement and how the level of involvement is beneficial to performance of the requested Services (2 points Maximum);

Names of key staff members who will be performing the Services on this Project and their responsibilities/involvement and why these key staff members are essential to successful completion to the Project (2 points Maximum);

Describe in 3 paragraphs or less qualifications (including any specified licenses or certifications) and relevant individual experience for all persons assigned to work on this project, including subcontractors’ involvement and why these certifications are beneficial to the performance of the requested Services (2 points Maximum);

Short description of experience utilizing teams on similar or related projects and (2 points Maximum); and Project manager's approach to problem solving with similar projects and include the project manager’s resume (resume not to exceed 2 pages). (2 points Maximum).

Evaluation Item 6 – Supporting Resources/Supportive Information (Maximum Points: 5) Describe resources available to be allocated for the public opinion survey (examples: compatible computer equipment or software, administrative or technical support, safety program and equipment, etc.) (2 points Maximum).

Describe any specialties or unique strengths that relate to the Services requested in this RFP. Include a brief description of new or innovative equipment or techniques you may be utilizing for this Project. (2 points Maximum) Provide additional proposal support material to be counted towards the 25 maximum allowable page total (may include graphs, charts, photos, additional references, etc.). (1 pt. Maximum) Evaluation Item 7 – Work Product Sample (Maximum Points 10) Provide sample survey and analysis, inclusive of a summary report with key findings (10 points Maximum) PRICE EVALUATION (Maximum Points: 26) Following scoring and ranking of Proposals based on the qualifications-based criteria, the Purchaser will conduct the price evaluation. The Purchaser will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

price being scored

PREFERENCES [RESERVED]

POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator.

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

The Purchaser will average all scores for each evaluation criterion.

The price score for each Proposal is calculated by the Purchaser as stated in section 3.6 - Price Evaluation.

TOTAL POINTS POSSIBLE: 114

RANKING OF PROPOSERS

The Purchaser 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 Purchaser will combine the average score for each Proposal with Proposer’s price score.

After any applicable preference has been applied, the Purchaser 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 Agency’s sole discretion, it is in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews/Follow up questions 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.

ADDITIONAL ROUNDS (Optional At Agency’s Discretion) Interviews/Follow-up Questions If Agency determines interviews or follow-up questions are necessary, Proposers in the Competitive Range will be invited to participate and the following will apply:

· A minimum of 3 evaluators will score the interviews/follow-up questions.

· The interviews/follow-up questions will have a maximum score of 100 points.

· Interviews may be in person at a location determined by Agency; however, Agency may elect to conduct interviews via teleconference or video conference;

· As an alternative to interviews, Agency may elect to send follow-up questions via email to Proposers in the Competitive Range. Agency must receive Proposers’ responses to the follow-up questions by the deadline set forth in the email to Proposers. Agency may conduct face-to-face interviews if determined necessary after conducting written follow-up questions.

· Further details regarding interviews or follow-up questions will be included with Notice of Competitive Range.

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

SECTION 1: AWARD AND NEGOTIATION

1.1 AWARD NOTIFICATION PROCESS

1.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP. Agency, in its sole discretion, may make additional award(s) for up to 9 months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

1.1.2 Intent to Award Notice

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

1.2 INTENT TO AWARD PROTEST

1.2.1 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.

1.2.1.1 Protest Requirements:

Protests must:

Be submitted via email to the Purchaser identified for this RFP in OregonBuys;

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 7 calendar days of the Intent to Award notice.

1.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

1.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for a Contract award under this RFP will be required to submit additional information via email and comply with the following:

1.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

1.3.2 W-9 Form

Proposer shall provide its Taxpayer Identification Number and backup withholding status on a completed W-9 form (https://www.irs.gov/pub/irs-pdf/fw9.pdf) 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.

1.3.3 Business Registry

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

1.3.4 Responsibility Inquiry

Within 5 Business Days following the Intent to Award notice, Proposer shall complete and submit Attachment G — Responsibility Inquiry.

1.3.5 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services - For instructions on how to obtain the Certificate visithttps://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx. This requirement is also set forth on Attachment G – Responsibility Inquiry.

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

1.3.6 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer’s authorized representative must certify by marking the “APPROVED” checkbox and entering their name and title on Attachment C - Proposer Information and Certification Sheet that, in accordance with ORS 279A.112, Proposer 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.

Price Information [RESERVED]

1.3.7 Other Required Information [RESERVED]

1.4 CONTRACT NEGOTIATION

1.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions. Proposer must submit those exceptions to Agency during the RFP Protest period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Addendum to notify Proposers of such changes. Unless Agency issues an Addendum 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 (listed below) of the Sample Contract. 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 ONLY the Statement of Work and the following terms and conditions:

Pricing;

Methods of compensation; and Expiration date of Contract.

Agency reserves the right to determine the basis for compensation (e.g., fixed price, fixed price per unit, time and materials, etc.).

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

1.4.2 Contractor Selection Methodology [RESERVED]

SECTION 2: ADDITIONAL INFORMATION

2.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and 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.

2.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, see the Certified Vendor Directory available on the COBID website.

2.3 GOVERNING LAWS AND REGULATIONS

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

2.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of the 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.

2.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

2.6 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.

2.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website (https://www.oregon.gov/das/Pages/index.aspx) and use the search bar feature to locate the procedure.

2.8 RECYCLABLE PRODUCTS

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

2.9 PRINTING, BINDING, AND STATIONERY WORK [RESERVED]

2.10 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, 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.

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