8598 RFP Final 03.15.2022~1.pdf

Creative Services

OPRD #8598

OregonBuys Bid S-63400-00001332

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STATE OF OREGON

COVER PAGE

OREGON PARKS AND RECREATION DEPARTMENT

Is issuing this Request for Proposals (RFP) under OregonBuys Bid Number Bid S-63400-00001332 for

CREATIVE SERVICES

OPRD NO. 8598

Date of Issue: March 16, 2022

Opening Date and Time: April 18, 2022, 3:00 PM

Single Point of Contact (SPC): Margie Becker

Address: 725 Summer Street NE, Suite C City, State, Zip Salem, OR 97301 Phone (voice) 971-375-5019 E-mail: margie.a.becker@oprd.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.

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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 SERVICES

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 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

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 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 PRICE AGREEMENT 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 PRINTING, BINDING, AND STATIONERY WORK

LIST OF ATTACHMENTS

ATTACHMENT A PROPOSER INFORMATION AND CERTIFICATION FORM

ATTACHMENT B RESPONSIBILITY INQUIRY FORM

ATTACHMENT C DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT D SAMPLE PRICE AGREEMENT AND WORK ORDER CONTRACT FORM

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Parks and Recreation Department (OPRD), is issuing this Request for Proposals (RFP) for contractors who will contribute to overall creative strategy formulation, tactical brand management and execution.

Respondent(s) to this RFP who are selected for Price Agreement award will work with OPRD’s Communications Division management and staff on a variety of marketing and communication projects and plans. OPRD’s Communications Division currently has price agreements with several graphic design firms to help fulfill the creative and pre-press production needs of the agency. This RFP is to establish on-call services price agreements for separate creative services that will augment the type and number of services currently available under OPRD’s price agreements for graphic design services. Additional details on the Scope of the services sought under this RFP are included in the Scope of Services section (2.4).

OPRD expects to award several price agreements from this RFP. Each awarded price agreement will be for on-call services and may include all or some of the scope of services described in this RFP. The initial term of each price agreement is expected to be approximately two years. The total term of each price agreement, if extension options are exercised, is expected to be approximately six years. The proposed sample price agreement and the form of work order contract are included as Attachment D to this RFP.

1.2 SCHEDULE

The table below represents a tentative schedule of events (“Schedule”) at the time of RFP issuance. Dates are subject to change. All times are listed in Pacific Time.

EVENT DATE TIME

Questions / Requests for Clarification Due 03/23/2022 3:00 PM Answers to Questions / Requests for Clarification Issued (approx.) 03/30/2022 3:00 PM

RFP Protest Period Ends 04/11/2022 3:00 PM RFP Opening (Proposals Due)/Public Opening of Proposals via Microsoft Teams meeting call in (audio only)*

04/18/2022 3:00 PM

Issuance of Notice of Intent to Award (approx.) 05/09/2022 Award Protest Period Ends 05/16/2022 3:00 PM *Only the names of Proposers will be available at the meeting call-in (Section 4.8 below).

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct ALL communications related to this RFP only to the SPC.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

OPRD is issuing this RFP pursuant to its authority under Oregon Revised Statutes (ORS) 279A.050(6)(d) which gives the State Parks and Recreation Department authority to procure or supervise the procurement of all goods, services, public improvements and personal services relating to state parks according to the Public Contracting Code (ORS 279A, 279B and 279C collectively).

OPRD is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and Oregon Administrative Rule (OAR) 137-047-0260. Additionally, OPRD may use any combination of the methods allowed in OAR 137-047-0261, Multi-tiered and Multistep Proposals, including: a series of proposals, discussions, negotiations, demonstrations, offers, or other means of soliciting information from Proposers that bears on the selection of a contractor.

2.2 DEFINITION OF TERMS

Capitalized terms used but not expressly defined in this document or its attachments have the meaning set forth in OAR 137-046-0110 or OAR 137-047-0100 or OAR 137-047-0310, and if not defined there, the meaning set forth in the Public Contracting Code.

"OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the State’s Department of Administrative Services. The OregonBuys System website is : https://oregonbuys.gov/bso/ Terminology specific to the OregonBuys system may be found at https://oregonbuys.gov/bso/view/homepage/homePage.xhtml

2.2.1 Crosswalk of Terms for OregonBuys

Terms used in OregonBuys Definition

Addenda “Addendum” or “Addenda”, as defined in OAR 137-046-0110(1); or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Addenda.

Bid Opening Date

“Closing” as defined in OAR 137-046-0110(5). In OregonBuys it is the deadline for submitting Quotes (Bids, Proposals or other required responses) required by a Bid Solicitation, after which the Bid “Opening” as defined in OAR 137-046- 0110(21) will immediately occur.

Bid Solicitation

Any form of solicitation: Request for Proposal, Invitation to Bid, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Bid Solicitation has a separate page and ID number in OregonBuys.

Change Order A formal change to an existing MBPO (i.e., any form of contract; agreement;

price agreement or on-call contract, etc.; purchase order; or work order contract.

https://oregonbuys.gov/bso/ https://oregonbuys.gov/bso/view/homepage/homePage.xhtml

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Master Blanket Purchase Order

(“MBPO”)

Any form of contract; agreement; price agreement or on-call contract, etc.;

purchase order; or work order contract.

Quote Any form of Bid submission by vendors; i.e., Bids, Quotes, or any other type of Bid required by a Bid Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter into any form of Contract pursuant to Bid Solicitations advertised in OregonBuys.

2.3 OVERVIEW AND PURPOSE

OPRD exists to provide, protect and manage outstanding natural, scenic, cultural, historic and recreational sites for the enjoyment and education of present and future generations. The Oregon State Parks system is one of the most popular in the nation, generating some 3 million overnight camping visits per year and 51.5 million day-visits per year. Along with 52 campgrounds, OPRD operates special programs such as Scenic Waterways, Recreation Trails, Historic Preservation and provides grants to local governments. It is responsible for managing approximately 113,157 acres of land, as well as the recreational component of Oregon’s 362 miles of ocean shore.

OPRD also is home to the statewide All-Terrain Vehicle (ATV) program, which oversees a permitting system, a mandatory safety education curriculum, and a grant program. ATV grants fund operations and maintenance, law enforcement, emergency medical services, land acquisition, planning and development projects statewide. OPRD is looking to emphasize and expand its brand message of rider safety, especially for youth, in this growing recreation sector.

OPRD’s demand for creative services and products will accelerate and grow. This is due, in part, to a series of significant events. In September 2021, the agency will host the National Association of State Park Directors (NASPD) conference, a large four-day gathering of senior park professionals from across the U.S. In February, 2022, OPRD will celebrate its 100th anniversary. Commemorative and other work related to both has already begun, including the History of Oregon State Parks, a full-length book, which will help launch the agency centennial.

In a larger context, OPRD is transitioning from an era of printed publications and traditional communications to a more responsive, real-time customer engagement focus. Doing so means redefining our strategies for marketing and merchandising, expanding brand awareness, including multiple affiliated brands, and conducting a comprehensive review of our digital assets and plans.

2.4 SCOPE OF SERVICES

Consulting and Planning/Brand Management and Integration

• Brand analysis and position

• Program branding, re-branding and affiliate brand plans

• Brand integration, deployment procedures and best practices

• Creative conceptualization and direction

• Social media, public relations and advertising strategies for current, base and new

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Multi-Media Planning and Production

• Conceptual and visual design across multiple media

• Multi-media design and production, including 2D and 3D solutions

• Still photography, including rights management consultation

• Media purchase

• Media planning and purchase

Public and Visitor Engagement/Retail and Merchandising

• Creative concepts and execution of social media, public relations and advertising campaigns

• Digital media strategic planning

• Cost-benefit analyses of evolving technologies

• Marketing campaign strategy and development

• Conducting focus groups and research

• Consumer product marketing and development

• Retail marketing and activation design and production

• Point-of-sale design and integration

Graphic design, illustration and production

• Artwork for print and digital collateral o Presentations o Posters o Flyers o Informational displays o Templates o Forms o Illustrations o Infographics o Web graphics, animations o Agendas, programs o Fact sheets o Calendars o Maps

• Layout of long documents, books and other publications

• Copywriting and editing

• Artwork for merchandise and promotional items

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Content

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To be considered for evaluation, a Proposal must contain each of the following items which are further detailed in Proposal Requirements Section 3.2 below:

• Completed Proposer Information and Certification Form (RFP Attachment A)

• Completed Responsibility Inquiry Form (RFP Attachment B)

• Technical Proposal:

o Firm Profile o Portfolio o Key Personnel o References

• Price Proposal (single hourly rate)

3.1.2 Proposal Format and Quantity

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

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

Proposer shall submit one electronic copy of its Proposal and all other submittal requirements, with Attachment A - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats:

Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Proposer shall submit its Proposal according to RFP section 4.5 below.

3.1.3 Authorized Representative

Failure of the Proposer’s authorized representative to sign the Proposal may subject the Proposal to rejection by OPRD.

3.2 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the services as stated in this RFP may be considered non-Responsive to this RFP and not be considered further.

A Proposal should not include materials that are 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. A Proposal containing unsolicited marketing, advertising, or developer services material may receive a lower evaluation score if required information is difficult to locate.

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3.2.1 Proposer Information and Certification Form (Pass/Fail)

Complete and submit the Proposer Information and Certification Form (RFP Attachment A). Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Form may result in a finding of non-Responsibility.

3.2.2 Responsibility Inquiry Form (Pass/Fail)

Complete and submit the Responsibility Inquiry Form (RFP Attachment B).

3.2.3 Technical Proposal

Provide a technical proposal that addresses each of the following:

3.2.3.1 Firm Profile (Scored)

Include a description of the services offered by you/your firm with emphasis on the type(s) of services described in the Scope of Services, RFP Section 2.4. You do not have to provide all categories of services listed to participate in this RFP process. Your response to this section will be scored in the manner described in RFP Section 4.10.3.

3.2.3.2 Portfolio (Scored)

Include a portfolio of your/your firm’s recent creative work (work completed within the last five years), including a sample of relevant outdoor recreation work, that demonstrates your/your firm’s qualifications and experience. Explain the design challenges and objectives of each piece of work included in the portfolio. Include dates and the nature of your/your firm’s involvement with each project. Your response to this section will be scored in the manner described in RFP Section 4.10.3.

3.2.3.3 Key Personnel (Scored)

Include resumes for you or your firm’s principals, key personnel, and any subcontractors you are likely to use on projects if awarded a Price Agreement. Your response to this section will be scored in the manner described in RFP Section 4.10.3.

3.2.3.4 References (Pass/Fail)

Provide three references from current or former clients that can verify your/your firm’s competence and experience with respect to previous services performed that are similar or related to the services described in Section 2.4 of this RFP. For each reference, provide current contact information and describe your/your firm’s professional relationship with the reference. References from Oregon Parks and Recreation Department employees, volunteers or commissioners are not acceptable.

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

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3.2.4 Price Proposal (single hourly rate) (Pass/Fail)

Provide your proposed compensation in the form of a single hourly rate for all Services to be provided under the resulting Price Agreement, if awarded, regardless of the specific category or type of service performed or the position, experience or classification of the individual performing the services. The proposed hourly rate must be fully loaded and inclusive of all overhead and general expenses for the services, including but not limited to all salaries, benefits, overtime and holiday pay, supplies, tools, rent, utilities, promotional efforts, commercial general liability insurance, and other typical expenses of your or your firm’s business, including anticipated expenses directly or indirectly related to travel.

Proposer’s single hourly rate will not include the cost of any third-party licensing, which may be necessary to complete the work described in a Work Order Contract. Licensing costs will be identified by contractor and submitted to OPRD in contractor’s written response to an OPRD written inquiry.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system, OregonBuys at https://oregonbuys.gov/. The RFP and attachments will not be mailed, faxed or otherwise delivered to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addendums published in the OregonBuys Bid. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addendums have been issued. Addendums 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 only;

• Reference the OregonBuys Bid number;

• Identify the requestor’s name and contact information;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

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4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

A prospective Proposer may submit a Written protest of anything contained in this RFP including but not limited to the RFP process, specifications, scope of services, and the proposed sample Contract. This is a prospective Proposer’s only opportunity to protest the provisions of the RFP, except that a Proposer may protest Addendums as provided below and may take exception to the terms and conditions of the Sample Price Agreement as set forth in the Price Agreement Negotiation, section 5.4 below. Protests to RFP must be submitted according to section 4.4.3 below or they will not be considered.

4.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in an Addendum. Protests to an Addendum, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Addendum or the date/time specified in the Addendum, or they will not be considered. Protests of matters not added or modified by the Addendum will not be considered. Protests to Addenda must be submitted according to section 4.4.3 below or they will not be considered.

4.4.3 Requirements for Protests

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to Addenda must be received by the due date and time identified in the respective Addendum or if no date and time is specified by 5:00 p.m. Pacific Time of the second Business Day after the Addendum is issued.

All Protests must:

• Be delivered to the SPC via email only;

• Reference the OregonBuys Bid number;

• Identify prospective proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

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; and

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

4.5 PROPOSAL DELIVERY

4.5.1 Proposer is solely responsible for ensuring its Proposal is submitted via OregonBuys e-procurement system and is received in accordance with the RFP requirements before Opening. OPRD is not responsible for any transmission

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4.5.1.1 Delivery through OregonBuys E-Procurement System. OPRD will accept only those Proposals submitted via the OregonBuys e-procurement system. All Proposers or 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 upper right corner of the OregonBuys website: https://oregonbuys.gov/bso For registration assistance see vendor registration guidance.

- Vendors are responsible for ensuring their vendor registration and general business information is current and correct in OregonBuys. OPRD will not be responsible for defective registration or incorrect vendor information.

4.5.1.2 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, Addendums and notices , question and answer documents, 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.

4.5.1.3 Proposer should select the “Confidential” checkbox in OregonBuys, when uploading any files required in response to this RFP.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6.1 Modification. Any Proposer who wishes to make modifications to a Proposal already submitted in OregonBuys shall submit its modification before the Bid Opening Date and time specified in OregonBuys for this RFP. Proposer must note the specific change(s) to the Proposal submission. Modifications made after Proposal submission must be uploaded to OregonBuys after deleting prior submittal items, using the “Withdraw Quote” button.

4.6.2 Withdrawal. If a Proposer wishes to withdraw a submitted Proposal, Proposer shall do so prior to Opening Date and time specified in OregonBuys for this RFP.

Proposer also must use the “Withdraw Quote” button in OregonBuys to withdraw the Proposal.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received in accordance with the requirements of this RFP on or before Opening. All Proposal modifications or withdrawals must be submitted in OregonBuys prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for https://oregonbuys.gov/bso

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4.8 PUBLIC OPENING

A public Opening will be held by a virtual meeting using Microsoft Teams on the date and time listed in the Schedule. Only the name of each Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the notice of intent to award is issued pursuant to ORS 279B.060(6).

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4.9 PROPOSAL REJECTION

OPRD may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

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

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the evaluation committee.

• Proposal is conditioned on OPRD’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 Determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements, including compliance with Section 3.1 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from the Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, OPRD may waive mistakes in accordance with OAR 137-047-0470. Responsive Proposals will be recommended to the evaluation committee for scoring according to section https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzJmZDFjN2YtYmYyYi00MTc1LTk5YTEtYjU3MjQwZDdkZWJi%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%2231f74aff-7d7d-4665-926f-befc7d213388%22%7d tel:+15034464951,,210004720#%20 https://dialin.teams.microsoft.com/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=210004720 https://mysettings.lync.com/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=31f74aff-7d7d-4665-926f-befc7d213388&tenantId=aa3f6932-fa7c-47b4-a0ce-a598cad161cf&threadId=19_meeting_YzJmZDFjN2YtYmYyYi00MTc1LTk5YTEtYjU3MjQwZDdkZWJi@thread.v2&messageId=0&language=en-US

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4.10.3 below.

4.10.2 Responsibility Determination

OPRD will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement.

OPRD may contact any reference, whether or not provided by Proposer, to verify Proposer’s qualifications and responsibility. OPRD may also use references to verify any information contained in a Proposal or to obtain additional information needed. OPRD reserves the right to exclude a reference if OPRD determines that using the reference would create a conflict of interest or otherwise compromise the integrity of the evaluation and selection process.

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

4.10.3 Technical Proposal Evaluation

Members of an evaluation committee will review each Responsive Proposal and assign a score, up to the maximum points available, for each scored criterion. The criteria and relative weighting are set forth in section 4.11 below. For each criterion, the SPC will calculate the average score of the evaluators and use that average score for final scoring and ranking purposes.

The SPC may request clarification from a Proposer 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 Proposal and may not contain new information that was not included in the original Proposal.

4.10.4 PREFERENCES

4.10.4.1 Tiebreaker Preference when Offers are Identical

If OPRD receives Proposals identical in price, fitness, availability, and quality and chooses to award a Price Agreement, OPRD shall award the Price Agreement in accordance with the process described in OAR 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator. Points are the total possible for each section as listed in the table below. The SPC will average all scores for each evaluation criterion.

TOTAL POINTS POSSIBLE 100

POINTS POSSIBLE

3.2.3.1 Firm Profile 20

3.2.3.2 Portfolio 70

3.2.3.3 Key Personnel 10

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Total Points 100

4.12 RANKING OF PROPOSERS

For each Proposal, OregonBuys will calculate the average score for each criterion evaluated by the evaluation committee (by totaling the points awarded by each evaluation committee member and dividing by the number of members) to arrive at a total raw score. OregonBuys will describe the rank order for each proposer, with the highest total score receiving the highest rank, and successive rank order determined by the next highest total score. Based on this ranking, OPRD may, in OPRD’s sole discretion, determine an apparent successful proposer or proposers with no additional rounds of competition. If additional rounds are conducted, OPRD 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.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, OPRD may choose to conduct additional round(s) of competition to solicit additional information from Proposers that bears on the selection of the Contractor(s). Additional rounds of competition may consist of, but are not limited to:

additional submittal items, submittal of revised Proposals, interviews or discussions with Proposers. If additional rounds are conducted, OPRD will rank Proposers at the conclusion of each subsequent round and identify the advancing Proposers for the next round or may determine the awardee(s) at any time during the evaluation process.

4.13.1 Competitive Range Determination

If OPRD, 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 OPRD’s sole discretion some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. OPRD will post a notice in OregonBuys of its Competitive Range determination and provide details about the process and schedule for the subsequent round.

4.13.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative of Proposer;

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive

Range unless a different due date and time is specified in such notice.

OPRD will address all protests within a reasonable time and will issue a Written decision to

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

OPRD, if it awards one or more Price agreement, shall award the Price Agreements(s) to the highest-ranking, Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. If OPRD decides to award more than one Price Agreement, OPRD will determine the number of Price Agreements it awards based on any natural breaks in the scores.

OPRD may award less than the full Scope of Services defined in this RFP.

5.1.2 Intent to Award Notice

OPRD will notify all Proposers in Writing by posting the “Notice of Intent to Award” in OregonBuys, stating that OPRD intends to award Price Agreement(s) to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

An Affected Proposer shall have seven 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 Price Agreement 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.

• OPRD has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

• OPRD abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• OPRD’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If OPRD receives only one Proposal, OPRD may dispense with the evaluation process and intent to award protest period and proceed with Price Agreement negotiations and award.

5.2.1 Protest Submission

A protest must:

• Be delivered to the SPC via email;

• Reference the OregonBuys Bid number;

• Identify the prospective Proposer’s name and contact information;

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• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within seven calendar days of the Intent to Award notice.

5.2.2 Response to Protest

OPRD 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 OPRD.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to OPRD proof of insurance coverage as required in this RFP or as negotiated. Insurance requirements are described in Exhibit B of the Sample Contract (RFP Attachment D).

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by OPRD 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 shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and the Price Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to OPRD a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the certificate, visit www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

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

5.3.5 Non-discrimination in Employment

As a condition of receiving the award of a Price Agreement under this RFP, Proposer must certify by their Signature on RFP Attachment A, Proposer Information and Certification http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf

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Form, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a Written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.6 Covid-19 Vaccinations

If selected for award of a Price Agreement that requires a Worker as defined in Section 5.3.6.2, Proposer shall be required to certify during the term of the Price Agreement or the duration of EO 21-29, whichever expires or terminates first, that contractor has obtained Proof of Vaccination from all Workers providing goods or services at an Agency Worksite are Fully Vaccinated against COVID-19 or have met the requirements for an exception under paragraph 6 of EO 21-29. The definitions in Section 5.3.6.2 apply to this paragraph.

5.3.6.1 Definitions

“EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

‘FAQ” means the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended.

https://www.oregon.gov/das/Procurement/Documents/ExecutiveOrder21- 29_ContractorFAQ.pdf

For interpretation of provisions relating to EO 21-19:

a. The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-19.

b. The term “Worksite” has the meaning defined in the FAQ.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, OPRD may enter into Price Agreement 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 Price Agreement and its Exhibit 1, Work Order Contract Terms (RFP Attachment D), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Price Agreement and Work Order Contract Terms and note exceptions. Proposer must submit those exceptions to ORPD during the RFP Protest period set forth in Section 1.2. Unless ORPD issues an Addendum modifying any of the terms and conditions, OPRD intends to enter into a Price Agreement with the successful Proposer and subsequent Contracts (if any) substantially in the form set forth in Price Agreement (Attachment D).

It may be possible to negotiate some provisions of the final Price Agreement and Work Order Contract Terms; however, OPRD is not required to make any changes and many https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf

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

OPRD is willing to negotiate ONLY the following: Exhibit A to the Contract and provisions in the body of the Price Agreement and its Exhibit 1 related to the Price Agreement/Contract term (effective date, initial term and extension terms); Price Agreement/Contract documents; services (performance, submission, acceptance, rejection and correction of deliverables); not to exceed compensation, invoices, and reimbursable expenses; key persons; subcontracts; ownership of work product; confidential information; default, remedies and termination; and notices.

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, OPRD, at its discretion, may terminate negotiations and commence negotiations with the next highest-ranked Proposer.

5.4.2 Contractor Selection Methodology for Work Order Contract

In the event multiple price agreements are awarded, OPRD will select the contractor who is the best fit for each Contract and whose selection is most advantageous, as determined by OPRD in its sole discretion, based on any combination of the following factors: the availability of the contractor to provide the Goods and Services within the required deadline(s); the applicability of the contractor’s resources and expertise related to the specific nature of the work to be performed under the Contract; the contractor’s response to the RFP; the course of the contractor’s performance under the Price Agreement, and references for recent work performed by the contractor on other contracts.

OPRD has sole discretion to select the appropriate contractor based on any combination of these factors. To be considered for project work assignment, a Contractor must respond to OPRD’s request for information within the timeline specified in the request.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

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

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

6.2 GOVERNING LAWS AND REGULATIONS

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

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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 (i) 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 (ii) consent by the State of Oregon to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of OPRD. 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 purposes of evaluating the Proposal, negotiating a Price Agreement, 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, unless the Proposal is submitted late.

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

Pursuant to ORS 279B.100, OPRD 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 OPRD, as determined by OPRD. Neither the State nor OPRD 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 shall 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 interviews, 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 Price Agreement. (ORS 279B.025)

6.7 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political

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