9053_AttA_Admin Proposal.docx
DOCX document 128 KB Posted
- Attached to
- HMIS Solution Request for Proposals
- Solicitation number
- S-91400-00016584
- Issued by
- Oregon
About this file
This is an Administrative Proposal Form for RFP #S-91400-00016584, issued by the Oregon Housing and Community Services Department for a Homeless Management Information System (HMIS) Solution to replace the current system under the Oregon Multi-Continuum of Care implementation. The RFP solicits proposals for a HUD-compliant HMIS solution that meets FY 2026 HMIS Data Standards. Proposers must demonstrate minimum qualifications including successful implementation of at least one HMIS solution for a Continuum of Care environment within five years preceding the proposal closing date, completion of at least one data migration from an existing HMIS platform within the same timeframe, and full compliance with current and future HMIS Data Standards. The form requires proposers to commit to expedient delivery of demonstrations within specified timeframes and to be responsive throughout all RFP phases. The Administrative Proposal Form includes comprehensive requirements for proposer information, minimum qualifications verification, security standards compliance, digital accessibility narrative, references, certified disadvantaged business outreach plans, responsibility inquiries, proposed terms and conditions, and mandatory certifications.
The form requires proposers to address Oregon's Statewide Information Technology Control Standards requiring security controls meeting or exceeding "Moderate" level NIST SP 800-53 controls, compliance with Oregon's Statewide Policy on Cyber and Information Security (DAS Policy 107-004-052), and restrictions on offshore and foreign services. Proposers must provide narratives demonstrating compliance with NIST 800-53 control families including access control, awareness and training, audit and accountability, security assessment, configuration management, contingency planning, identification and authentication, incident response, maintenance, media protection, physical security, planning, personnel security, PII processing, risk assessment, system and services acquisition, system and communications protection, system integrity, and supply chain risk management. The form requires at least one reference from a government client within the past five years and compliance with Oregon's disadvantaged business outreach requirements. A Pay Equity Certificate is required if the proposer employs 50 or more full-time workers and the contract price exceeds $500,000. Proposers must submit redlined versions of the Sample Contract (RFP Attachment E) and all applicable license agreements as appendices to the Administrative Proposal.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 9053_HMIS Solution RFP_FAQ_final version.docx | DOCX document | |
| 9053_A3_HMIS Solution RFP.pdf | ||
| 9053_RFP_HMIS Solution Software.pdf | ||
| 9053_AttB_Technical Proposal Response Template.docx | DOCX document | |
| 9053_AttF_State of Oregon IT Security Standards.xlsx | XLSX spreadsheet | |
| HMIS Solution RFP Pre-Proposal Conference-20260921_083313-Meeting Recording.mp4 | MP4 file | |
| 9053_AttD_Price Proposal.xlsx | XLSX spreadsheet | |
| 9053_AttC_Requirements Traceability Matrix.xlsx | XLSX spreadsheet | |
| 9053_A1_HMIS Solution RFP.pdf | ||
| 9053_AttE_Sample Contract.docx | DOCX document | |
| 9053_A2_HMIS Solution RFP~1.pdf | ||
| Pre-Proposal Conference Attendees.xlsx | XLSX spreadsheet | |
| 9053_A4_HMIS Solution RFP.pdf |
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RFP #S-91400-00016584, HMIS Solution RFP – Attachment A RFP #S-91400-00016584, HMIS Solution RFP
RFP ATTACHMENT A
ADMINISTRATIVE PROPOSAL FORM
Oregon Housing and Community Services Department Homeless MANAGEMENT INFORMATION SYSTEM (HMIS) Solution
Disclaimer:
Some sections are marked as “Required” while others are “Contingent”. Proposers must read the instructions for each section to determine if “Contingent” sections are required or optional for the Proposer.
TABLE OF CONTENTS
| Section 1 – Proposer Information and Minimum Qualifications (Required) | 3 | |
| 1.1 | PROPOSER INFORMATION | 3 |
| 1.2 | STATEMENT OF COMMITMENT TO THE RFP SCHEDULE | 3 |
| 1.3 | RESPONSE TO MINIMUM REQUIREMENTS AND QUALIFICATIONS | 4 |
| 1.4 | RESPONSE TO SECURITY STANDARDS | 5 |
| 1.5 | DIGITAL ACCESSIBILITY NARRATIVE | 7 |
| Section 2 – References (Required) | 10 | |
| Section 3 – Certified Disadvantaged Business Outreach Plan (Required) | 12 | |
| 3.1 | CERTIFIED DISADVANTAGED BUSINESS INFORMATION (REQUIRED) | 12 |
| 3.2 | CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (CONTINGENT) | 13 |
| Section 4 – Responsibility Inquiry Form (Required) | 14 | |
| Section 5 – Proposed Terms and Conditions (Required) | 17 | |
| 5.1 | REDLINED SAMPLE CONTRACT | 17 |
| 5.2 | LICENSE AGREEMENTS | 17 |
| Section 6 – Disclosure Exemption Affidavit (Contingent) | 18 | |
| Exhibit A to Section 6 – Exempt Information | 20 | |
| Section 7 – Mandatory Certifications and Authorized Signature (Required) | 21 | |
| Section 8 – Proposer Appendices | 23 | |
| Appendix A – Proposer-Attached Pay Equity Certificate (Contingent) | 23 | |
| Appendix B – Proposer-Attached Redlined Sample Contract (Required) | 23 | |
| Appendix C – Proposer-Attached License Agreements (Required) | 23 |
Section 1 – Proposer Information and Minimum Qualifications (Required) Instructions: Proposer is to complete the four subsections:
· Proposer Information: Provide the requisite information, including the primary contact for this Proposal.
· Commitment to the RFP Schedule: Given the expedient nature of the schedule, Proposer commits to being expedient, punctual, and responsive during all RFP phases.
· RFP Minimum Qualifications: Proposers to check the boxes to indicate they meet the minimum qualifications, as further detailed in RFP Section 3 (Minimum Qualifications).
· Response to Security Standards: Provide narratives of how the Proposer and Proposer’s Solution meets the Security Standards, as mandated by state laws and regulations.
· Digital Accessibility Narrative: Provide answers to the Digital Accessibility Narrative of how the Proposer and Proposer’s Solution meets the Americans with Disabilities Act (“ADA”) standards, as mandated by state laws and regulations.
PROPOSER INFORMATION
Legal Name of Proposer:
Address:
City, State, Zip Code:
| State of Incorporation: |
| Entity Type: |
Contact Name:
| Email: |
| Phone: |
Oregon Business Registry Number (if required):
STATEMENT OF COMMITMENT TO THE RFP SCHEDULE
1.2.1. Does Proposer guarantee that it will be ready and available to provide demos within the timeframe specified in Section 1.2, Schedule, of the RFP?
Yes ☐ / No ☐
1.2.2. How will Proposer ensure an expedient negotiation process? (Consider the negotiable topic domains, such as Project scope/schedule, pricing, legal terms and conditions, etc.)
Response:
RESPONSE TO MINIMUM REQUIREMENTS AND QUALIFICATIONS
| No. |
| Subject |
| Minimum Requirement/Qualification |
| Met? |
| Explanation |
| 1) |
| Proposer |
| Proposer (or one of Proposer's subcontractors identified in the Proposal) must have successfully implemented and gone live with at least one (1) Homeless Management Information System (HMIS) solution for a Continuum of Care (CoC) or multi-CoC environment within the five (5) years preceding the Proposal closing date. |
| ☐ Yes |
☐ No
| 2) |
| Proposer |
| Proposer (or one of Proposer’s subcontractors identified in the Proposal) must have successfully completed at least one (1) data migration from an existing HMIS platform to the proposed solution within the five (5) years preceding the Proposal closing date. Proposer must identify the source system from which data was migrated, the client’s name, the approximate number of client records migrated, and a reference contact. |
| ☐ Yes |
| 3) |
| Proposer |
| Proposer (or one of Proposer’s subcontractors identified in the Proposal) Must be fully compliant with the FY 2026 HMIS Data Standards (effective October 1, 2025), and any future HMIS Data Standards released, as jointly issued by the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Health and Human Services (HHS), and the U.S. Department of Veterans Affairs (VA). Proposer must confirm current compliance in writing as part of the Proposal, including written confirmation that all Universal Data Elements (UDEs), Program-Specific Data Elements (PSDEs), Project Descriptor Data Elements (PDDEs), and Metadata Elements (MEs) required by the FY 2026 standards are implemented in the production system being proposed. |
| ☐ Yes |
RESPONSE TO SECURITY STANDARDS
1.4.1 SECURITY REQUIREMENTS
Proposer shall provide a narrative statement addressing its capacity to meet State information security requirements. The statement must reflect the information indicated in this section, and clearly demonstrate that if awarded a Contract:
1. Proposer and Proposer's staff monitoring its systems who will have access to State systems, facilities, and confidential information shall submit to all security checks requested by the State, which may include any combination of fingerprinting, Oregon Law Enforcement Data Systems (“LEDS”) and Federal Bureau of Investigation Criminal Justice Information Services (“FBI CJIS”) background checks.
1. Proposer shall comply with the Statewide Information Technology (IT) Control Standards found online at Enterprise Information Services: Guidance for State Agencies : Cyber Security Services : State of Oregon, specifically:
1. Oregon’s Statewide Information Technology (IT) Control Standards, by ensuring it maintains security controls that meet or exceed “Moderate” security controls in the National Institute of Standards and Technology (“NIST”) Special Publication (SP) 800-53.
1. Oregon’s Statewide Information Technology (IT) Control Standards. Proposer may (but is not required to) provide one of the following to demonstrate compliance with Oregon’s Information Technology Control Standards: Proof of current GovRAMP Authorized status (Ready, Provisionally Authorized, or Authorized) in the form of a GovRAMP Letter, or documentation of a valid GovRAMP Security Snapshot Score.
1. Proposer shall comply with the Statewide Policy on Cyber and Information Security, DAS Statewide Policy 107-004-052, found online at https://www.oregon.gov/das/Pages/policies.aspx#IT, pertaining to State systems and security, including its restrictions on offshore and foreign services.
Proposer’s response to this section must specifically address its capacity to meet the policy’s restriction on offshore and foreign services for the duration of the Contract. State if fully compliant services and personnel are available, and part of Proposer’s Proposal. If the Proposal includes optional or necessary offshore or foreign services, Proposer must include in its Proposal a statement describing:
· The offshore and/or foreign services that Proposer intends to use to deliver the Solution and Services.
· Proposer to provide the geographic location of where services are to be performed.
· The benefit to the State of the offshore and/or foreign services.
· That Proposer will ensure it has systems and controls in place that will protect Agency Data and the State’s networks in the event offshore or foreign services are allowed, and what systems and controls Proposer expects the State to have in place.
· What steps Proposer is willing and able to take to fully meet the policy’s restrictions on offshore and foreign resources. Describe any additional steps Agency would be requested to take, and any additional costs Agency may incur if Proposer provided the System and Services using fully compliant services.
1. As necessary, Proposer shall sign a non-disclosure agreement regarding information received or processed on its equipment from the State of Oregon.
1. Proposer shall protect at all times State of Oregon sensitive and confidential information.
Enter narrative below:
Click or tap here to enter text.
1.4.2 SECURITY NARRATIVE
As an organization that shares the responsibilities to protect the State's data, it is important to understand how cybersecurity principles at an architectural and organizational level will be applied. Provide a narrative that describes Proposer’s security program as it relates to the proposed Solution, addressing the following NIST 800-53 control families in response.
| Control Family |
| Required Topics |
| AC |
| Access Control |
| Account Management, Least Privilege |
| AT |
| Awareness and Training |
| Cybersecurity training |
| AU |
| Audit and Accountability |
| Logging and Auditing |
| CA |
| Security Assessment and Authorization |
| Penetration tests, Security assessments |
| CM |
| Configuration Management |
| CP |
| Contingency Planning |
| DR/BCP |
| IA |
| Identification and Authentication |
| General Authentication (MFA, modern auth) |
| IR |
| Incident Response |
| Incident response plans and procedures |
| MA |
| Maintenance |
| Patching |
| MP |
| Media Protection |
| PE |
| Physical and Environmental Protection |
| PL |
| Planning |
| PM |
| Program Management |
| Governance (Security Program, Plan of Action and Milestones, System Inventory) |
| PS |
| Personnel Security |
| Background Checks |
| PT |
| PII Processing and Transparency |
| RA |
| Risk Assessment |
| Vulnerability Management, General Risk Management |
| SA |
| System and Services Acquisition |
| Secure Development |
| SC |
| System and Communications Protection |
| SI |
| System and Information Integrity |
| Remediation, System Monitoring, Malicious Code Protection |
| SR |
| Supply Chain Risk Management |
Enter narrative below:
Click or tap here to enter text.
DIGITAL ACCESSIBILITY NARRATIVE
Proposer must demonstrate its proposed Solution meets all applicable digital accessibility requirements. Complete and return the questions provided below discussing the proposed Solution’s conformance with WCAG 2.1 (Level AA).
· Proposer’s response to this section must be based on the latest version of the Web Content Accessibility Guidelines (“WCAG”) Voluntary Product Accessibility Template (“VPAT”) that evaluates conformance with WCAG 2.1 (Level AA) success criteria.
· The answers to the narrative submitted as part of this Administrative Proposal Form should accurately reflect the Solution’s current state of accessibility, be specific to the product or service and the version(s) proposed for use, be completed by qualified personnel knowledgeable in digital accessibility and the proposed Solution and be provided in an accessible format.
· If Proposer is proposing a SaaS Solution, answers must cover core application functionality, authentication and onboarding flows, help documentation, and any third-party components or integrations with which users will interact. If mobile or responsive access is common, include those experiences. Define that scope explicitly and document what's excluded to avoid procurement follow-up questions.
· If the narrative indicates deficiencies, Proposer must include a proposed mitigation plan.
1.1.1 Digital Accessibility Narrative Questionnaire
1. Describe how Proposer will ensure its Solution and content will meet and maintain compliance with standards for digital accessibility, including as established in Title II of the Americans with Disabilities Act and the WCAG 2.1 (Levels AA). (e.g., strategy, tools, design, testing, ongoing validation). Specifically:
a. Describe how Proposer incorporates accessibility into its development process (e.g., requirements, design, development, testing, maintenance, bug prioritization).
Click or tap here to enter text.
b. Describe Proposer’s corrective actions process(es) or system(s) for documenting, tracking, and resolving accessibility issues / defects.
Click or tap here to enter text.
c. Include how Proposer will ensure accessibility following initial implementation (e.g., future enhancements).
Click or tap here to enter text.
2. Does Proposer have an employee or employees in a role dedicated to oversight and management of digital accessibility activities? If so, state the titles and FTE count for each.
Click or tap here to enter text.
3. Describe how Proposer ensures its staff and contractors have the knowledge and skills to create accessible digital technology within the scope of the project or services requested in this RFP.
Click or tap here to enter text.
4. Describe how Proposer certifies its product is compliant with accessibility standards? Describe the full testing approach by answering a – e.
a. Does the process use automated accessibility testing tools, and if so, which ones?
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b. Do you conduct manual accessibility testing?
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c. If manual testing is part of the process, do people with disabilities and who use assistive technologies complete this testing? Does Proposer rely on third-party testers to complete manual testing? In whole or in part?
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d. Which client platforms, operating systems (including mobile), browsers, assistive technologies, and specific versions are used to complete accessibility testing?
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e. If you rely on an external accessibility vendor, please share the name of the vendor and give a brief description of their testing process.
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5. Provide links to websites, copies of documents, or access to other samples of digital information technology Proposer has developed that meet accessibility standards. The materials should be relevant to the services and/or technical skills called for in this solicitation.
Section 2 – References (Required) Instructions: Proposer shall have at least one (1) past client from within the last five (5) years; fill out the reference information below and submit the form as part of the Administrative Response Proposal. At least one (1) reference must be from a state or federal government client.
Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of the 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 and accuracy of the information provided in its Proposal.)
Reference Entity: __________________________________________
Reference Contact Name: __________________________________________
Contact Telephone Number: __________________________________________
Contact Email Address: __________________________________________
Please rate Proposer on a scale of 0-10 (decimal fractions permitted) in responding to Questions 1 through 3.
0 = Not satisfied 5 = Moderately satisfied 10 = Extremely satisfied.
1. How would you rate the Proposer’s overall quality of services provided and your overall relationship with the Proposer?
Rating: Click or tap here to enter text.
Comments: Click or tap here to enter text.
1. How would you rate the Proposer’s delivery of service?
Rating: Click or tap here to enter text.
Comments: Click or tap here to enter text.
1. How would you rate the Proposer’s responsiveness to customer service issues and special requests (e.g., reported problems, changes billing, etc.)?
Rating: Click or tap here to enter text.
Comments: Click or tap here to enter text.
Then please respond to the remaining Questions 4 through 13.
1. For what type of services did you engage Proposer?
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1. Describe the services listed in response to question 4 and describe the nature of the underlying project and any ongoing operation of the solution or system for which Proposer provided/is providing services.
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1. Describe Proposer’s customer service.
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1. Describe your satisfaction with the business relationship with Proposer.
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1. Describe Proposer’s methods for problem resolution.
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1. How likely would you be to use Proposer’s services again?
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1. With which aspect(s) of Proposer’s services are you the most satisfied?
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1. Which aspect(s) of Proposer’s services are you the least satisfied?
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1. How well did Proposer stay within the proposed timeline?
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1. How did the final project cost compare to the initial proposed cost?
Section 3 – Certified Disadvantaged Business Outreach Plan (Required) (Instructions: If Proposer is not subcontracting any of the Services contemplated under the Contract, then only subsection 3.1 below is required. If Proposer does intend to subcontract any of the Services, then Proposer shall complete both subsections below.)
SECTION 2:
SECTION 3:
CERTIFIED DISADVANTAGED BUSINESS INFORMATION (REQUIRED)
“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own, and emerging small businesses.
Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Proposer certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.
The information submitted in response to this clause will not be considered in any scored evaluation.
1. Is Proposer an Oregon certified firm? Yes ☐ / No ☐
If yes, indicate all certification type(s): DBE ☐ / MBE ☐ / WBE ☐ / SDV ☐ / ESB ☐
Oregon State Certification Number: Click or tap here to enter your number.
2. Include a list of Certified Firms that Proposer has had a contractual relationship with within the last two years.
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3. Include a list of firms that Proposer has had a contractual relationship with within the last two years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.
Click or tap here to enter text.
4. Does Proposer foresee any subcontracting opportunities for this procurement?
Yes ☐ / No ☐
If no, do not complete the rest of this form and submit this section page with your Proposal.
If yes, please complete the following page and submit both sections with your Proposal.
CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN (CONTINGENT)
5. Describe the steps Proposer will take to solicit Certified Firms for subcontracting opportunities if awarded a contract from this procurement.
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6. Describe the subcontracting opportunities and the approximate dollar value of each that may be available, if awarded a Contract.
7. Would Proposer be willing to report the identity of each subcontractor and the value of each subcontract to COBID if awarded a contract from this procurement? Yes ☐ / No ☐
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Section 4 – Responsibility Inquiry Form (Required) Agency will determine responsibility of a Proposer prior to award and execution of a Contract. In addition to this form, Agency may notify Proposer of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance sheet statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.
1. Does Proposer have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise necessary to demonstrate the capability of Proposer to meet all contractual responsibilities?
Yes ☐ / No ☐
1. Within the last five years, how many contracts of a similar nature has Proposer completed that, to the extent that the costs associated with and time available to perform the contract remained within Proposer′s control, Proposer stayed within the time and budget allotted, and there were no contract claims by any party? Number:
How many contracts did not meet those standards? Number: If any, please explain.
Response: Click or tap here to enter text.
1. Within the last three years has the Proposer (including a partner or shareholder owning 10% or more of Proposer’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:
obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract, violation of federal or state antitrust statutes relating to the submission of bids or Proposals, or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? Yes ☐ / No ☐ If "YES", indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.
Response: Click or tap here to enter text.
1. Within the last three years, has Proposer had:
· any contracts terminated for default by any government agency; or
· any lawsuits filed against it by creditors or involving contract disputes?
Yes ☐ / No ☐ If "YES", please explain in the response field below. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)
Response: Click or tap here to enter text.
1. Does Proposer have any outstanding or pending judgments against it? Yes ☐ / No ☐
Is Proposer experiencing financial distress or having difficulty securing financing? Yes ☐ / No ☐
Does Proposer have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? Yes ☐ / No ☐ If "YES” on the first question or second question, or “NO” on the third question, please provide additional details in the response field below.
Response: Click or tap here to enter text.
1. Within the last three years, has Proposer filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? Yes ☐ / No ☐ If "YES", indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.
Response: Click or tap here to enter text.
1. Does Proposer have all required licenses, insurance and/or registrations, if any, and is Proposer legally authorized to do business in the State of Oregon? Yes ☐ /No ☐ If "NO", please explain in the response field below.
Response: Click or tap here to enter text.
1. Pay Equity Certificate. This certificate is required if Proposer employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. [This requirement does not apply to architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services contracts.] Does a current authorized representative of Proposer possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? Yes ☐ / No ☐ / N/A ☐ [If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.] Response: Click or tap here to enter text.
AUTHORIZED SIGNATURE
By signature below, the undersigned Authorized Representative on behalf of Proposer certifies to the best of his or her knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.
| Proposer Name: |
| RFP: |
Project Name:
[This space intentionally left blank; Proposed Terms and Conditions follows on the next page.]
Section 5 – Proposed Terms and Conditions (Required)
SECTION 4:
SECTION 5:
REDLINED SAMPLE CONTRACT
Proposer must follow the instructions provided within, and attach its redlined copy of, RFP Attachment E (Sample Contract) clearly identifying the requested changes. Proposers should provide justification for each material change. These submittals are to be attached by the Proposer as Appendix B to the Administrative Proposal. The Sample Contract Exhibit A, Statement of Work, must be submitted with redlines and responses for a Proposal to be deemed Responsive. If Proposer does not submit a redlined Statement of Work, the SPC may determine that the Proposal was non-Responsive and request the Proposer to resubmit with a redlined version of the Statement of Work.
If Proposer does not submit a copy of RFP Attachment E, then Agency will consider the non-submittal as acceptance of those terms and conditions as-is, and they may only be modified by the sole discretion of Agency.
LICENSE AGREEMENTS
Proposer must attach all license agreements, including any applicable third-party license agreement(s). This submittal is to be attached by the Proposer as Appendix C to the Administrative Proposal.
[This space intentionally left blank; Disclosure Exemption Affidavit follows on the next page.]
Section 6 – Disclosure Exemption Affidavit (Contingent) (Instructions: If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit. In addition, Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version. Otherwise, if no information is exempt, then this section is not required.)
Click or tap here to enter name. (Affiant), being first duly sworn under oath, and representing insert Proposer name here (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:
6.1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.
6.2. I am aware that the Proposer has submitted a Proposal, dated on or about Click or tap to enter a date. (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals S-91400-00016584, for the Homeless Management Information System (HMIS) solution, and I am familiar with the contents of the RFP and Proposal.
6.3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.
6.4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A to this Section 6 is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:
a. formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:
i. is not patented;
ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts;
iii. has actual or potential commercial value; and
iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.
or
b. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:
i. derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and
ii. is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.
6.5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.
Affiant’s Signature
State of ) ss:
County of
Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).
Notary Public for the State of _________________
My Commission Expires: _________
[This space intentionally left blank; Exhibit A follows on the next page.]
Exhibit A to Section 6 – Exempt Information
Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):
Proposal Section (e.g. Technical Proposal Section #n) Exempt Information
Exemption Designation (use either A or B)[footnoteRef:1] [1: See Section 6.4 above.]
· Proposer may add or delete rows in the table above as needed.
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Section 7 – Mandatory Certifications and Authorized Signature (Required) Any individual signing below hereby certifies they are an authorized representative of Proposer and that:
7.1. Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in RFP Attachment E (Sample Contract) and as modified by any Addenda, except for those terms and conditions that Agency has reserved for negotiation, as identified in the RFP.
7.2. Proposer acknowledges receipt of any and all Addenda to this RFP.
7.3. Proposal is a Firm Offer for 180 days following the Closing.
7.4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.
7.5. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.
7.6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. Agency may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.
7.7. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.
7.8. Proposer’s continuing compliance constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.
7.9. Proposer may not prohibit any of Proposer’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.
7.10. Proposer is not engaged in the provision of broadband Internet access service, or if at any time Proposer is engaged in or may engage in the provision of broadband Internet access service Proposer is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Contract.
7.11. Proposer and Proposer’s employees, agents, and subcontractors are not included on:
a. the Specially Designated Nationals and Blocked Persons list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury; or
b. the government wide exclusions list in the System for Award Management.
7.12. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify the State in writing.
7.13. Proposer certifies that all contents of the Proposal (i.e. the Administrative Proposal, the Technical Proposal, the Price Proposal, and any other forms or documentation, if required under this RFP), are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.
7.14. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.
7.15. Proposer acknowledges these certifications are in addition to any certifications required in the Contract at the time of Contract execution.
7.16. Proposer is in compliance with the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
PROPOSER AUTHORIZED SIGNATURE
Authorized Signature
Date
(Printed Name and Title)
Section 8 – Proposer Appendices
Appendix A – Proposer-Attached Pay Equity Certificate (Contingent)
To be attached by Proposer, or “reserved” if not applicable.
· See Section 4 above.
Appendix B – Proposer-Attached Redlined Sample Contract (Required)
To be attached by Proposer.
· See Section 5 above.
· See RFP Section 3 for more details.
Appendix C – Proposer-Attached License Agreements (Required)
To be attached by Proposer.
· See Section 5 above.
· See RFP Section 3 for more details.
[End of the Administrative Proposal Response Form.]
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