Appraisal_Services.pdf

REQUEST FOR PROPOSAL

APPRAISAL SERVICES

(NO. 2023.060-RFP)

FOR

Washington County, Oregon

RELEASE DATE: March 31, 2023 DEADLINE FOR QUESTIONS: April 14, 2023

RESPONSE DEADLINE: April 21, 2023, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/washington-county-or

Appraisal Services

1. Request for Proposals

2. Introduction

3. Overview and Purpose

4. Proposal Content

5. Evaluation Phases

6. Evaluation and Award Process

7. Instructions to Proposers

8. Ts and Cs

9. Vendor Submissions

Attachments:

A - 2022-PP-SERVICES-SAMPLE

B - Attachment C - INSURANCE REQUIREMENTS SUMMARY FORM PP

Appraisal Services

1. REQUEST FOR PROPOSALS

(No.2023.060-RFP)

Washington County, Oregon is requesting proposals from qualified firms to provide Appraisal Services.

Proposals must be received by 5:00 pm Friday, April 21, 2023.

The County may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding by the County it is in the public interest to do so.

A copy of the Request for Proposal document is posted on https://secure.procurenow.com/portal/washington-county-or. Proposal documents can be viewed and downloaded from the site. The County’s electronic solicitation portal can also be accessed at www.washcopurch.com/biz. Proposer is responsible for checking the site for any addendums before submitting their proposals.

Washington County reserves the right to reject any and all proposals and to waive any and all informalities in the best interest of the County.

Kiersten Vanderhoof, Procurement Analyst II

Published: Friday, March 31, 2023 OregonBuys https://secure.procurenow.com/portal/washington-county-or

Appraisal Services

2. INTRODUCTION

The following instructions, terms and conditions apply to all solicitations to provide either goods or services to Washington County.

1. Summary

Contractor will evaluate and assess damages and provide cost and repair estimates for major claim events. Such events can include medium to high value County property claims and complex or catastrophic losses. For large property losses, Contractor may be asked to help locate the necessary resources, including equipment, materials, and repair contractors, to minimize the inevitable disruption of County business. Contractor may also be asked to appraise damage to County vehicles and/or damaged vehicles involved in a liability claim against the County.

2. Contact Information

Kiersten Vanderhoof Procurement Analyst II 155 North First Ave, Ste 270, MS 28 Hillsboro, OR 97124 Email: kiersten_vanderhoof@washingtoncountyor.gov Phone: (503) 846-3585 Department:

Risk

3. Timeline

The County reserves the right to modify this schedule at the County's discretion. Proper notification of changes to the due date will be made to all parties that have received the proposal from the County's Procurement Portal.

Date of Legal Advertisement March 31, 2023

Question Submission Deadline April 14, 2023, 5:00pm

Submittals Due April 21, 2023, 5:00pm

Contractor Selection Date May 18, 2023 mailto:kiersten_vanderhoof@washingtoncountyor.gov tel:(503)846-3585

Appraisal Services

3. OVERVIEW AND PURPOSE

4. Overview and Purpose

Contractor will evaluate and assess damages and provide cost and repair estimates for major claim events. Such events can include medium to high value County property claims and complex or catastrophic losses. For large property losses, Contractor may be asked to help locate the necessary resources, including equipment, materials, and repair contractors, to minimize the inevitable disruption of County business. Contractor may also be asked to appraise damage to County vehicles and/or damaged vehicles involved in a liability claim against the County.

5. Scope of Work

The scope of work for this solicitation is listed below and consists of:

A. Property

B. Liability Investigations

C. Third Party Property Services

D. Vehicle Services

6. Property

If County property is significantly damaged, the County will contact Contractor who will assemble the appropriate team of claims professionals, consultants and/or project management specialists to independently estimate the damage sustained and the expected cost to repair the damage.

Contractor will provide a verbal and written report to County Risk Management. If needed, Contractor will assist the County to identify the appropriate equipment, materials and/or work to be done to aid in the mitigation of the damage.

Contractor may also be asked to assist with specific damage appraisal work, including verification of insured values, salvage options and subrogation opportunities.

7. Liability Investigations

A. Contractor may be asked to do field investigations which may include:

1. Scene photos

2. Statements by 3rd parties or witnesses

3. Written report of findings

4. Liability recommendations

Appraisal Services

8. Third Party Property Services

Contractor may be asked to estimate the damage sustained to personal or real property and the expected cost to repair the damage. Contractor will provide a verbal and written report to County Risk Management. If needed, Contractor will assist the County to identify the appropriate equipment, materials and/or work to be done to aid in the mitigation of the damage.

9. Vehicles Services

A. As needed, Contractor will provide a comprehensive suite of services to appraise damage to County vehicles or to vehicles involved in a liability claim against the County, ranging from automobiles to specialty equipment. Auto appraisal services can include:

1. Vehicle Damage Appraisal: Provide trained, state licensed appraisers to deliver comprehensive, accurate appraisals.

2. Total Loss Appraisals: Provide trained, state licensed appraisers to deliver comprehensive accurate appraisals which include current market valuations, and salvage bids and/or estimates.

3. Heavy Equipment Appraisal: Provide heavy equipment appraisal according to County standards, regardless of the complexity.

4. Specialized Vehicle Appraisals: Contractor provides the appraisal and verifies compliance with any custom specification for standard and specialty vehicles such as Patrol or Land Use vehicles that contain special upfitting.

5. Desk Audits: Contactor may be asked to review appraisals and provide an independent evaluation of appraisals and a professional recommendation of which appraisals are evaluated to be most accurate.

Appraisal Services

4. PROPOSAL CONTENT

10. Project Approach and Understanding

A. Information under this section should include, but not be limited to, your understanding of the County’s requirements and your firm’s approach:

1. Demonstrate a clear understanding of the County’s needs by providing a concise description of how you propose to provide the services requested in the scope of work.

2. Provide a detailed description of proposed services and the means and methods to be used to accomplish the tasks identified in the scope of work section. This work plan will detail team assignments and narratives of work approach and work force, and schedule of activities with time allocations.

3. Provide a detailed description of the firm’s approach to overall task management, allocation of resources, and integration of all activities required by the scope of work

4. Provide details describing lines of authority and responsibility, and how your firm will respond proactively to problems and changes to the scope of work.

5. Provide a sample Vehicle Damage Appraisal.

11. Proposer Capabilities and Qualifications

A. Provide an overview of the proposer’s organization, size, and experience; major clients;

areas of expertise; approximate number of staff assigned to the contract; unique qualifications of the proposer; and other matters that the proposer feels would assist the County in the evaluation process.

1. Provide company description; include number of years in business, size, specialties, etc.

2. Provide name, title, brief description of duties, years of pertinent experience, location and availability for each staff member that will be assigned to this contract.

3. Describe other resources your firm intends to commit to provide the required services under this contract.

4. Provide a detailed explanation describing how your firm, and the personnel assigned to this project, will perform the work required while also working on other on-going projects.

5. Provide a list of best practices your company utilizes when making recommendations.

Appraisal Services

6. Provide information describing previous experience with governmental agencies (preferably counties) for similar contracts that best characterize your firm’s capabilities and work quality.

7. Provide the name and address of any sub-consultant that may perform work under this contract and what services they may provide. Include information about their pertinent experience and the name, title and brief description of duties and years of related experience for each staff member that will be assigned this project.

8. Include an organizational/flow chart which details responsibilities and experience of the team proposed for the County, including all support personnel.

12. Equity, Diversity, Inclusion and Sustainability

A. Describe efforts made to consider equity, diversity and inclusion in your firm’s hiring practices and business philosophy.

B. Please describe how you accommodate your employees to ensure they succeed. We want to see metrics on employee retention and to see how each employee has the opportunity to learn on the job. Please describe how you prevent exclusionary practices and promote a healthy and respectful workplace.

C. Please specify the environmental considerations in your organization’s sustainable business practices. These may include, but are not limited to, a formal sustainability program and/or policies covering recycling measures; energy and/or water conservation;

and a green cleaning policy, or other actions that promote environmental conservation.

Please be as specific as possible.

13. References

A. Provide at least three (3) references from other local government projects of similar size and scope performed within the last three (3) years. Include the following information:

1. Client name

2. Contact(s) name

3. Contact(s) email

4. Contact(s) phone number

5. Years serving client

6. Size of client entity

The County reserves the right to contact any and/or all references provided or not provided in the response.

Appraisal Services

14. Cost Proposal

A. Provide a Fee Schedule describing the firm’s fee structure itemized by type of service for all services, as described in this RFP. The firm is to submit a “not to exceed” cost that includes a fee schedule for each service. The proposed fees must completely enumerate all costs and pricing options associated with the services the proposer will provide.

1. Advise whether there will be charges in addition to the Fee Schedule and the duration of any fee guarantee.

2. Each proposer is solely responsible for the accuracy and completeness of its proposal.

B. Provide pricing structure for each type of appraisal listed; included fixed rate pricing and time and material pricing as appropriate.

1. Vehicle Damage Appraisal

2. Heavy Equipment Appraisal

3. Specialized Vehicle Appraisal

4. Property Appraisal

5. Indicate any additional fees that may be included, such as:

a. Mileage

b. Gasoline surcharge

c. Airfare, lodging, meals, taxi and rental vehicles are billed at cost with the following conditions:

i. If approved, travel expenses will not exceed the following levels:

I. if flying, only coach; if renting or hiring a car, only economy;

II. if staying in a hotel, only three (3) star or below.

III. If approved, meals will be reimbursed only up to the government per diem rate.

Appraisal Services

5. EVALUATION PHASES

15. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Page Count Proposal was within the page count and conformed to all instructiction in regards to submittal.

Points Based 10 (100% of Total)

16. Phase 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. Project Approach and Understanding A. Project Approach and

Understanding: Information under this section should include, but not be limited to, your understanding of the County’s requirements and your firm’s approach:

1. Demonstrate a clear understanding of the County’s needs by providing a concise description of how you propose to provide the services requested in the scope of work.

2. Provide a detailed description of proposed services and the means and methods to be used to accomplish the tasks identified in the scope of work section. This work plan will detail team assignments and narratives of work approach and work force, and schedule of activities with time allocations.

3. Provide a detailed description of the firm’s approach to overall task management, allocation of resources, and integration of all activities required by the scope of work

4. Provide details describing lines of authority and responsibility, and how your firm will respond proactively to problems and changes to the scope of work.

5. Provide a sample Vehicle Damage Appraisal.

Points Based 25 (25% of Total)

Appraisal Services

2. Proposer Capabilities & Qualifications A. Provide an overview of the proposer’s organization, size, and experience; major clients; areas of expertise; approximate number of staff assigned to the contract;

unique qualifications of the proposer; and other matters that the proposer feels would assist the County in the evaluation process.

1. Provide company description; include number of years in business, size, specialties, etc.

2. Provide name, title, brief description of duties, years of pertinent experience, location and availability for each staff member that will be assigned to this contract.

3. Describe other resources your firm intends to commit to provide the required services under this contract.

4. Provide a detailed explanation describing how your firm, and the personnel assigned to this project, will perform the work required while also working on other on-going projects.

5. Provide a list of best practices your company utilizes when making recommendations.

6. Provide information describing previous experience with governmental agencies (preferably counties) for similar contracts that best characterize your firm’s capabilities and work quality.

7. Provide the name and address of any sub-consultant that may perform work under this contract and what services they may provide. Include information about their pertinent experience and the name, title and brief description of duties and years of related experience for each staff member that will be assigned this project.

8. Include an organizational/flow chart which details responsibilities and experience of the team proposed for the County, including all support personnel.

Points Based 30 (30% of Total)

Appraisal Services

3. Equity, Diversity, Inclusion and Sustainability A. Describe efforts made to consider equity, diversity and inclusion in your firm’s hiring practices and business philosophy.

B. Please describe how you accommodate your employees to ensure they succeed. We want to see metrics on employee retention and to see how each employee has the opportunity to learn on the job. Please describe how you prevent exclusionary practices and promote a healthy and respectful workplace.

C. Please specify the environmental considerations in your organization’s sustainable business practices. These may include, but are not limited to, a formal sustainability program and/or policies covering recycling measures; energy and/or water conservation; and a green cleaning policy, or other actions that promote environmental conservation. Please be as specific as possible.

Points Based 20 (20% of Total)

4. References A. Provide at least three (3) references from other local government projects of similar size and scope performed within the last three (3) years. Include the following information:

1. Client name

2. Contact(s) name

3. Contact(s) email

4. Contact(s) phone number

5. Years serving client

6. Size of client entity

The County reserves the right to contact any and/or all references provided or not provided in the response.

Points Based 10 (10% of Total)

Appraisal Services

5. Cost Proposal A. Provide a Fee Schedule describing the firm’s fee structure itemized by type of service for all services, as described in this RFP. The firm is to submit a “not to exceed” cost that includes a fee schedule for each service. The proposed fees must completely enumerate all costs and pricing options associated with the services the proposer will provide.

1. Advise whether there will be charges in addition to the Fee Schedule and the duration of any fee guarantee.

2. Each proposer is solely responsible for the accuracy and completeness of its proposal.

B. Provide pricing structure for each type of appraisal listed; included fixed rate pricing and time and material pricing as appropriate.

1. Vehicle Damage Appraisal

2. Heavy Equipment Appraisal

3. Specialized Vehicle Appraisal

4. Property Appraisal

5. Indicate any additional fees that may be included, such as:

a. Mileage

b. Gasoline surcharge

c. Airfare, lodging, meals, taxi and rental vehicles are billed at cost with the following conditions:

i. If approved, travel expenses will not exceed the following levels:

I. if flying, only coach; if renting or hiring a car, only economy;

II. if staying in a hotel, only three (3) star or below.

III. If approved, meals will be reimbursed only up to the government per diem rate.

Points Based 15 (15% of Total)

17. Phase 3

No. Evaluation Criteria Scoring Method Weight (Points)

Appraisal Services

1. Interviews (if necessary) Points Based 50 (100% of Total)

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6. EVALUATION AND AWARD PROCESS

18. Clarifications

The County reserves the right to obtain clarification at any point in regards to a proposal or to obtain additional information necessary to properly evaluate a proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in rejection of their proposal.

After evaluation has occurred multiple firms will be identified that are best able to provide the services to the County. The County reserves the sole right to determine the best Proposals. A notice of intent to award will be published.

19. Interviews

Top scoring proposers may be selected for interviews. If oral interviews are determined to be necessary, the scores from the written proposals will be considered preliminary. Final scores will be determined based on the points assigned to the interview process.

20. References

The County reserves the right to check references only on the highest scoring proposers or depending on the scoring differential just the highest proposer.

Questionnaires may be sent to customer references by Washington County or contacted by telephone. Secondary references may also be contacted.

21. Period Proposal Validity

All proposals shall remain firm for a period of 180 calendar-days after date specified for receipt of proposals.

22. Acceptance, Rejection and Cancellation of Award

Washington County reserves the right to accept or reject any or all proposals received as a result of this RFP and to negotiate with any qualified proposer(s) for all or part of the requested goods and services. All proposals become the property of the County.

This RFP does not commit the County to award a contract or to pay any costs incurred by respondents. Washington County reserves the right to cancel award of this contract at any time before execution of the contract if cancellation is deemed to be in the County's best interests. In no event shall the County have any liability for the cancellation of the award. All costs of the proposal process, interviews, contract negotiations, and related expenses are the responsibility of the proposer.

Appraisal Services

Acceptance of a proposal is subject to budget approval, appropriation and budgetary constraints.

23. Award Recommendation

The notice of intent to award will be posted on the County's Procurement Portal website at least seven (7) days before the award of the contract. See PROTESTS AND JUDICIAL REVIEW OF CONTRACT AWARD below for protest of award.

The decision by the Board or the County Administrator to award the contract shall constitute the final decision of the County to award the contract.

24. Inspection of Proposals

Subject to the provisions of the Oregon Public Records Law, all proposals received will be available for public inspection after the notice of intent to award has been published. Proposals will be provided via an electronic link.

Copies of material from proposal files may be obtained from the Washington County Procurement Division upon payment of a charges based upon the current County Fee Schedule.

Prepayment is required for providing materials from the proposal files.

25. Protests and Judicial Review of Contract Award

Purpose. The award by the Washington County Board of Commissioners of the contract shall constitute a final decision of the County to award the contract if no written protest of the award is filed. A proposer may protest the award of a contract, or the intent to award of a contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. A proposer must file a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County's contract award decision.

Delivery. A proposer must deliver a written protest to the Washington County Procurement Manager within seven (7) days after issuance of the notice of intent to award the contract.

Content of Protest. A proposer’s written protest shall specify the grounds for the protest to be considered pursuant to ORS 279B.410(2). Proposer may not protest the content of specifications in an award protest. Proposers may protest only deviations from laws rules, regulations, or procedures including procedures set out in this RFP. Disagreement with the scoring by the Selection Committee is not a basis for protest. Protests must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based.

County Response.The County shall not consider a proposer’s contract award protest submitted after the timeline established for submitting such protest. The County shall issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the County upholds the protest, in whole or in part, the County may in its sole discretion either award the contract to the successful protestor or cancel the procurement or solicitation. The County shall not consider any protest against award based on the content of specifications.

Appraisal Services

Judicial Review. Judicial review of the Board’s or its designee’s decision relating to a contract award protest shall be in accordance with ORS 279B.415.

26. Negotiation with Awarded Contractor(s)

The County reserves the right to negotiate final contract terms with the awarded contractor to the fullest extent allowed by law and as in the best interest of the County.

27. Contract Term

Initial contract term will be three years, with the option to renew for up to five years.

The maximum term of the contract will be five years.

The estimated expenditure for the contract is approximately $20,000 over fiver years for all awarded contracts. Actual expenditures may be more or less depending on actual requirements.

28. Contractor's Responsibility

It is understood that the specifications and other contract documents do not purport to control the method of performing the work, but only the requirements as to the nature of the completed work. The contractor assumes the entire responsibility for the method of performing the work. Suggestions as to the method included in the contract documents shall be deemed advisory only and the feasibility of such methods, or the lack thereof, shall not affect the contractor’s liability, or status as independent contractor, and contractor will remain responsible for the cost of all permits unless otherwise specified.

Appraisal Services

7. INSTRUCTIONS TO PROPOSERS

29. Deadline Disclaimer

It is the responsibility of the bidder to upload and submit electronic bids before the deadline date and time approaches as posted on the County's Procurement Portal. Allow for a sufficient amount of time for the bid entry/document upload process in order to ensure timely submission.

Some people are experiencing problems with the Internet, so make sure that all documents are uploaded as soon as possible well in advance of the deadline. The County's Procurement Portal will close promptly at the deadline date and time…no exceptions are allowed.

30. Precedence of Proposal Documents

The order of precedence of documents is as follows:

A. Instructions to Proposers

B. Contract Terms & Conditions (from attached sample contract)

C. Terms and Conditions

D. Project Details/Scope of Work

31. Communication

Communication regarding this solicitation between a potential or actual Proposer and any Washington County staff, other than Procurement Division staff, is prohibited from the time the Request for Proposals (RFP) is advertised until the award of a contract to the proposer selected.

32. Copies of Proposal Documents

Documents obtained from sources (such as directly from other contractors) other than the County's Procurement Portal are not valid proposal documents. It is the proposer's responsibility to ensure they are following a particular project on the County's Procurement Portal in order to receive notification of all addenda as well as additional relevant information.

33. Questions and Answers

Enter all questions regarding the meaning or intent of the solicitation into the questions area of the solicitation in the County's Procurement Portal.

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34. Specification Protest Process

Delivery:A proposer must deliver a protest of specifications to the County in writing no later than seven (7) calendar days prior to the proposal due date as follows:

Specification Protest Proposal#: 2023.060-RFP Washington County Procurement Division ATTN: Procurement Manager 155 North First Avenue, Suite 270 MS 28 Hillsboro, Oregon 97124-3072

Content:A proposer’s written protest must include:

A detailed statement of the legal and factual grounds for the protest; description of the resulting prejudice to the proposer; and a statement of the form of relief requested or any proposed changes to the specifications.

County Response: The County may reject without consideration a proposer’s protest received after the deadline established for submitting protest. The County shall provide notice to the applicable proposer if it entirely rejects a protest. If the County agrees with the proposer’s protest, in whole or in part, the County shall either issue an addendum reflecting its determination or cancel the solicitation.

Extension of Closing: If the County receives a written protest from a proposer in accordance with this rule, the County may extend closing if the County determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document.

Judicial review of the County’s decision relating to a specification protest shall be in accordance with ORS 279B.405.

35. Phone Proposals, Late Proposals or Modifications

Late proposals or modifications of proposals will be handled in the following manner:

It is the sole responsibility of the Proposer to ensure the proposals are uploaded to the system by the specified time. The system will not allow Proposers to upload after this time and the proposal will not be considered.

Any modification of a proposal is subject to the same conditions set forth above.

Proposals will not be accepted via Phone, E-mail or FAX.

36. Interpretations and Addenda

If necessary, interpretations or clarifications in response to questions will be issued by addenda.

Questions received after Friday, April 14, 2023 may not be answered unless the County determines, in its sole discretion, that it is in its best interests to do so. Oral and other interpretations or clarifications will be without legal effect.

Appraisal Services

Any amendment(s) to or error(s) in the RFP called to the attention of the County will be added to or corrected by written addendum and posted to the County's Procurement Portal. The County may also issue addenda to modify the proposal documents, as it deems advisable.

Receipt of addenda must be acknowledged.

Proposers shall be solely responsible to check for addenda, if any, from the County's Procurement Portal prior to submitting their proposals.

After opening proposals, the County may issue or electronically post an addendum to the request for proposals that modifies the criteria, rating process and procedure for any tier of competition before the start of the tier to which the addendum applies.

The County shall send an addendum that is issued by a method other than electronic posting to all proposers who are eligible to compete under the addendum. The County shall issue or post the addendum at least five days before the start of the subject tier of competition or as the County otherwise determines is adequate to allow eligible proposers to prepare for the competition in accordance with County rules.

37. Guidelines for Proposal Submittal and Receipt

To be considered for this contract, each proposer must enter its complete proposal per the Vendor Submission Section to the County's Procurement Portal.

Proposals must be uploaded by 5:00 pm Friday, April 21, 2023. The system will not allow late uploads. Allow plenty of time to ensure your upload is successful. Slow or malfunctioning internet shall not be an acceptable reason for late submissions.

Proposers are required to submit any proposal forms furnished in this RFP document. Please retain a copy for your records.

Each submittal shall contain the following:

• Any proposal response forms listed in the Attachment Section.

• Responses, Certifications, or Agreements required in this solicitation.

• Proposers shall provide a copy of any contracts, licensing agreements, or other documents that the County will be asked to sign if they are the chosen contractor. These do not count against the page limit.

• Failure to submit any of the required items may be grounds for rejection of the proposal.

https://secure.procurenow.com/portal/washington-county-or https://secure.procurenow.com/portal/washington-county-or https://secure.procurenow.com/portal/washington-county-or/projects/42501?section=348613

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8. TS AND CS

38. Laws and Regulations

1. The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any manner affect those engaged or employed in the work or the materials or equipment used or which in any way affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information, plans or contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to County in writing.

2. All work performed by the contractor shall be in compliance with all Federal, State, County and local laws, regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for obtaining applicable permits and licenses.

39. Recycled Materials and Sustainable Products and Processes

1. Contractor is encouraged to use recycled and recyclable products to the maximum extent economically feasible during the performance of the Contract.

2. Washington County prefers materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

3. Washington County supports and encourages the use of sustainable products by the Contractor. To contribute to a clean environment for present and future generations, Contractor shall utilize sustainable products to the maximum extent feasible during the performance of this Contract.

40. Proprietary Information, Ownership and Use of Documents

1. All documents submitted to the County shall become public records, subject to disclosure, unless otherwise protected pursuant to the Oregon Public Records Law.

2. The County is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the County to disclose all records generated or received in the transaction of County business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law.

Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). The County will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations:

3. The entire RFP cannot be marked confidential, nor, shall any pricing be marked confidential.

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4. All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

• It shall be clearly marked in bold and on each page of the confidential document.

• It shall be kept separate from the other RFP documents in a separate file upload.

• Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

5. Where such conflict occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.” This statement shall be inserted in the place where the requested information was to have been placed.

6. Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. Should a proposal be submitted as described in this section no portion of it can be held as confidential unless that portion is segregated as described above.

7. Notwithstanding the above procedures, the County reserves the right to disclose information that the County determines, in its sole discretion, is not exempt from disclosure or that the County is directed to disclose by the County’s Attorney, the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the County will notify the Proposer.

If the Proposer disagrees with the County’s decision, the County may, but is not required to enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

41. Rights of the County

The County expressly reserves the following rights:

• To waive irregularities in the proposals submitted.

• To cancel the procurement or reject any proposals or portions thereof in accordance with ORS 279B.100.

• To base awards with due regard to quality of services, experience, compliance with specifications, proposal response, and other such factors as necessary in the circumstances.

• To make the award to any proposer whose proposal, in the opinion of management and the Board, is in the best interest of the County.

• To negotiate contract terms and conditions.

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42. Qualifications/References/Responsible Proposer

Contractor shall report payment information and utilization data for subcontractors that perform any services, using a County-designated online reporting system. As of the effective date of this contract, such system is accessible at: https://washcopurch.mwdbe.com/?TN=washcopurch.

Contractor must log in to an account in the system in order to submit reporting information.

Reporting information must be submitted at least once monthly, concurrent with Contractor’s invoice submission, or on such other frequency as the Project Manager may require. Contractor must designate a representative to administer the reporting function and be a point of contact for the County.

Progress payment requests, except the first request, shall include the Contractor’s verification that Subcontractor payment data and workforce data (if applicable) for all tiers have been entered into the County’s online reporting systems

43. Social Equity

1. In order to promote economic growth, the County seeks to maximize the participation of diverse consultants, partners, contractors, and suppliers throughout the duration of the project.

2. Working in a way that promotes the empowerment of individuals, organizations, and communities most affected by inequities is a practical method of achieving equity. The County wants to integrate empowering equity strategies that allow for authentic voice to be heard and ultimately represented in decisions from this delivery of service.

3. The County values the community as a whole and calls out those providing and receiving services should have a positive economic impact from the delivery of services that is long term and positively changes our hierarchical systems to incorporate those who are most affected by inequities.

4. It is the County’s desire to create full and equal access to opportunities for all people that enable them to attain their full potential. We pay particular attention to the development of income and wealth for communities most affected by inequities.

44. County Rights

The County reserves the right to modify this schedule at the County's discretion. Proper notification of changes to the due date will be made to all parties that have received the proposal from the County's Procurement Portal.

45. Cooperative Purchasing

1. Pursuant to the intent of Oregon Revised Statutes, Chapter 279A.200, any publicly funded city, county, district, agency or similar entity shall have the authority to purchase specified goods/services directly from contractor under the terms and conditions of this contract.

2. The proposer agrees to extend identical pricing and services to other public agencies for the same terms.

https://washcopurch.mwdbe.com/?TN=washcopurch

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3. Each contracting agency will execute a separate contract with the successful proposer for its requirements. Any ordering and billing shall take place directly between the proposer and such entity.

4. Any proposer, by written notification at the time of the proposal due date and time, may decline to extend the prices, services and terms of this proposal to any, and/or all other public agencies. There is no penalty for declining cooperative procurements.

46. Form of Contract

A copy of the standard personal service contract that the County expects the successful firm or individual to execute is attached. The contract will incorporate the terms and conditions from this RFP document and the successful proposer's response documents.

Firms taking exception to any of the contract terms should indicate the same by uploading in the Vendor Submission or their exceptions will be deemed waived.

47. Insurance Requirements

The insurance requirements for this contract are outlined in the attached Attachment C.

48. Oregon Corporate Activity Tax (“CAT”)

In 2019 Oregon adopted a Corporate Activity Tax (“CAT”) applicable to all types of business entities. The legislation accomplishes the following:

a. Establishes a "Fund for Student Success" that is separate and distinct from the state's general fund

b. Adopts a new Corporate Activity Tax (CAT) imposed on all types of business entities

The CAT is in addition to the state's current corporate income tax. The CAT is imposed on businesses for the privilege of doing business in this state. It is measured on a business's commercial activity, which is the total amount a business realizes from transactions and activity in Oregon. The CAT is applied to taxable Oregon commercial activity in excess of $1 million. Any costs relating to Oregon’s Corporate Activity Tax will not be reimbursable under Cost of the Work.

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9. VENDOR SUBMISSIONS

49. Electronic Submittal*

By electronically submitting this response the Supplier attests and certifies that:

1. Person completing this response represents that I am either authorized to bind the Supplier, or that I am submitting the Response on behalf of and at the direction of the Supplier's representative authorized to contractually bind the Supplier.

2. I represent that the Supplier or its applicable representative(s) has reviewed the information contained in this Solicitation Package and that the information submitted is accurate.

3. Respondent agrees that the action of electronically submitting its response constitutes:

a. an electronic signature on the responses, generally,

b. an agreement to conduct business electronically,

c. an electronic signature on any form or section specifically calling for a signature, and

d. an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement.

☐ Yes

☐ No *Response required

50. Solicitation Requirements*

Proposer read through and confirm that you met all of the Solicitation requirements?

☐ Yes

☐ No *Response required

51. Cooperative Purchasing*

Will the proposer extend pricing and terms to other public agencies?(there is no penalty for not agreeing to extend pricing)

☐ Yes

☐ No *Response required

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52. Past Employment*

Have you or a member of your staff been emplyed by Washington County in the last six months?

☐ Yes

☐ No *Response required

53. Oregon Secretary of State Business Registry*

Enter your registry number without spaces or dashes. If you are not currently registered enter N/A. If you are the successful proposer you will be required the register with the Secretary of State in order to contract with the County.

*Response required

54. Tax*

The proposer hereby certifies that they have complied with the tax laws of Oregon and all political subdivision of the State of Oregon, including ORS 305.620 and ORS chapters 316, 317 and 318. Washington County may terminate the contract if contractor fails to comply with any tax laws during the term of the contract.

☐ Yes

☐ No *Response required

55. Contact Name, Email, and Phone Number*

Provide the name, email, and phone number for the contact in case of questions, or interview or demonstration arrangements.

*Response required

56. Proposal Content

The proposal shall be prepared succinctly, providing a straight forward, concise description of the proposer’s ability to meet the requirements of the RFP. There should be no unnecessary attachments or exhibits.

Proposal should contain no more than twenty (20) 8.5" x 11", pages of written material (excluding biographies and brochures which may be included in an appendix) describing the ability of the proposer to perform the work described. The minimum font shall be twelve (12) point single spaced and the minimum margins shall be one (1) inch on all sides.

9.A.1 Proposal Content*

Upload proposal here including the content explained in Section 4 Proposal Content and the section titled Evaluation Phases.

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*Response required

9.A.2 Separate Cost Proposal*

Confirm that your fee proposal is not attached in your Proposal and is attached separately here.

*Response required

9.A.3 Insurance Requirements

County insurance requirement can be found under the section titled Attachments. The County may consider reducing insurance for these services. Please upload your Certificate of Insurance (Accord form) to indicate the level of insurance you currently possess.

9.A.4 Confidential Information

Upload all pages or documents containing information exempt from disclosure per the Proprietary Information, Ownership and Use of Documents article of the Terms and Conditions Section.

9.A.5 Changes Requested to County Contract Standard Terms and Conditions

Upload any alterations requested to Washington County's contract standard terms and conditions per the Form of Contract article of the Terms and Conditions Section.

9.A.6 Solicitation Awareness*

How did you hear about this opportunity?

Select all that apply

☐ Oregon Buys

☐ Link was emailed directly to me

☐ Washington County Website

☐ DJC Oregon, Portland Tribune or other printed media

☐ Twitter, Facebook or other social media

☐ Project Center, Plan room, etc?

*Response required