Business Opportunity.pdf

S-63400-00006796 Business Opportunity Page 1 of 19 OPRD Procurement #9200

STATE OF OREGON

COVER PAGE

OREGON PARKS AND RECREATION DEPARTMENT

Is issuing this Business Opportunity for

CONCESSION AND OTHER SERVICES AT

FRENCHGLEN HOTEL STATE HERITAGE SITE

Date of Issue: May 16, 2023

Closing Date and Time: June 2, 2023 at 2:00 PM PT

Single Point of Contact (SPC): Winona Butler

Address: 725 Summer Street NE

City, State, Zip Salem, OR 97301

Phone (voice) 503-779-7834

E-mail: Winona.Butler@oprd.oregon.gov mailto:Winona.Butler@oprd.oregon.gov

S-63400-00006796 Business Opportunity Page 2 of 19

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE …………………………………………………………………………………………………………………………………………………3

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 OVERVIEW AND PURPOSE

2.3 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 SUBSTANTIVE PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 OPEN HOUSE ................................................................................................................ Error! Bookmark not defined.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 PROPOSAL DELIVERY OPTION

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 [ROUND 1] EVALUATION PROCESS

4.10 ADDITIONAL ROUNDS

4.11 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

6.3 CANCELLATION OF OPPORTUNITY; REJECTION OF PROPOSAL; NO DAMAGES

6.4 COST OF SUBMITTING A PROPOSAL

BUSINESS OPPORTUNITY ATTACHMENTS:

Attachment A- Business Description Attachment B- Reference Check Form Attachment C- Financial Information Submittal 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, (Agency or OPRD), is issuing this Business Opportunity (Opportunity) under the provisions of ORS 279B.050(6)(d) for concession and other services at the historic Frenchglen Hotel State Heritage Site located in Harney County, Oregon, as described in more detail in this Opportunity and the Business Description (Attachment A).

OPRD intends to award one services contract and one land lease to one business entity from this Opportunity. The initial term of the contract and land lease is anticipated to be 5 years with option to extend the contract and land lease for up to a maximum of 10 years.

1.2 SCHEDULE

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

Event Date Time

Open House at Frenchglen (See Section 4.2) May 26, 2023 10:00 AM-

3:00 PM PT

Questions / Requests for Clarification Due May 30, 2023 2:00 PM PT

Opportunity Closing June 2, 2023 2:00 PM PT

Interviews June 5-9, 2023

Issuance of Notice of Intent to Award (approx.) June 12, 2023 2:00 PM PT

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this Opportunity is identified on the Cover Page, along with the SPC’s contact information. Interested Parties shall direct all communications related to any provision of the Opportunity only to the SPC, whether about the technical requirements of the Opportunity, contract and lease requirements, Opportunity process, or any other provisions.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this Opportunity pursuant to its authority under ORS 279A.050(6)(d) which gives Agency authority to procure or supervise the procurement of all goods, services, public improvements and personal services related to state parks.

Agency is using the special procurement method outlined in the OregonBuys #S-63400-0006636

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Notice of Special Procurement.

2.2 OVERVIEW AND PURPOSE

2.2.1 Agency Overview and Background

Agency’s mission is to provide and protect outstanding natural, scenic, cultural, historical, and recreational sites for the enjoyment and education of present and future generations. The Agency manages 258 park areas and 107,960 acres of land that provide camping and day-use opportunities throughout Oregon. In addition, it oversees programs to protect and provide public access to natural and historic resources within the state, including the State Historic Preservation Office, Oregon Heritage Commission, Oregon Commission on Historic Cemeteries, recreation trails, the Ocean Shores Recreation Area, scenic waterways and the Willamette River Greenway.

The Oregon State Parks system has a long tradition of delivering outdoor recreation experiences and is one of the most famous park systems in the country. Oregon ranks seventh among U. S.

state park systems with nearly 875,000 nights rented. The 51.2 million day-use visitors a year have earned our parks third place in the nation in terms of daily use.

2.2.2 Frenchglen Hotel Concession Area Overview

The Frenchglen Hotel State Heritage Site, located 60 miles south of Burns, Oregon consists of the nationally registered historic Frenchglen Hotel, Drovers Inn, and a concessionaire residence, the Parking Lot, the Garage, and a Wood Frame Well House (the Concession Area) on a six-acre lot within the small town of Frenchglen, Oregon.

The Frenchglen Hotel State Heritage Site is open annually from March 15 through October 31.

The Frenchglen Hotel includes has a small restaurant with a capacity to seat up to 24 persons and a commercia kitchen. Photographs of the hotel and inn is in the Business Description (Attachment A).

2.2.3 Purpose

Agency is seeking interested parties for concession and other services to be offered to the public at the Park beginning Summer of 2023 continuing through December 2028 with the potential of contract and lease renewals for up to 10 years. The required services include (1) food and beverage services and (2) overnight lodging and related services at Frenchglen Hotel State Heritage Site.

Agency purchased personal property from retiring concessionaire for a turn-key operation of the Frenchglen Hotel. Agency purchased residence for the concessionaire to reside during contract and lease term due to location of concession site. A person will be expected to reside in that residence unless Agency waives this requirement, which Agency will do only if new concessionaire resides within a 15-mile radius of the Park.

Additional details about the background, location, facilities, equipment, previous revenue, tax information, current services and future services are included in the Business Description (Attachment A).

2.2.4 Definitions

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“Component Renewal” means the planned replacement of 50% or more of a building subsystem component at the end of its useful life. Component Renewal includes the deconstruction of an existing component and replacement with a new component of equal capability and performance.

These actions recur on a periodic cycle of greater than seven years. Examples are roof systems, foundations, window units, electrical distribution systems, HVAC systems. Component Renewal is the responsibility of OPRD.

“Concession” means the Frenchglen Hotel, the Drover Inn and Concession Residence, the Parking Lot, the Garage, and the Wood Frame Well House and the appurtenant areas at the Park used by Concessionaire during the term of the contract and lease.

“Concessionaire” means the holder of a concession, especially for the use of land or commercial premises.

“Cyclic Maintenance” means planned work to Real Property that reoccurs on a periodic cycle of greater than one year but less than seven to sustain the useful life of an asset.

“Department” means the hotel organization structure such as rooms, food and beverage, human resources, marketing and accounting.

“Interested Parties” means persons interested in conducting concession services at the concession.

“Proposers” means qualified persons who meet the minimum requirements set forth in Section

3.1.1 of this Opportunity.

“Proposal” means Proposer’s response to this Opportunity according to Section 3.2 of this Opportunity.

2.3 SCOPE OF WORK

Required Services are defined in the Business Description (Attachment A) and generally include certain services that must be offered to the public under the resulting contract. Required Services must be addressed in Proposer’s Proposal. Required Services include the following:

Food and Beverage Services: Serving breakfast, lunch and dinner for general public and overnight guests from the Frenchglen Hotel.

Overnight Accommodations: Managing and overseeing eight rentable rooms in the historic Frenchglen Hotel and five rentable rooms in the Drovers Inn.

Authorized Services generally include other services that a Successful Proposer may provide to the public such as alcohol sales and gift products. Authorized Services may be offered in Proposer’s Proposal and are subject to Agency approval.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

3.1.1 Minimum Requirements

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Proposer must have a minimum of three years of experience providing services similar to those described in this Opportunity.

Proposer must have a S-corporation or LLC to meet lease requirements.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Page Limits

The Proposal including the Cover Letter is limited to 20 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

Attachment B-Reference Check Form and Attachment C- Financial Submittal Form.

3.2.2 Proposal Format and Quantity

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the proposal. Do not include marketing or advertising material in the proposal. Proposal should be straightforward and address the requests of the Opportunity.

Proposal must follow the format and reference the sections listed in Section 3.3 (Proposal Requirements). Responses to each section and subsection must be labeled to indicate the item being addressed.

3.2.3 Electronic Response. Proposer should submit its Proposal electronically through OregonBuys or submit direct to Single Point of Contact via email.

3.3 SUBSTANTIVE PROPOSAL REQUIREMENTS

3.3.1 [ROUND 1] Proposal Submissions

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

Cover Letter;

Proposed Services;

Reference Check Form (Attachment B); and Financial Information Submittal Form (Attachment C).

Proposal must address each of the items listed in this section and all other requirements set forth in this Opportunity. A Proposal that merely offers to provide the services as stated in this Opportunity may be considered non-responsive to this Opportunity and may not be considered further.

3.3.2 Service Proposal- Mandatory

3.3.2.1 Cover Letter-Mandatory

The cover letter should indicate Proposer’s understanding of the services to be performed and be signed by a person authorized to contractually bind Proposer’s

S-63400-00006796 Business Opportunity Page 7 of 19 company to a contract and lease with Agency.

3.3.2.2 Proposed Services- Mandatory

A. Required Services. Describe how Proposer will address elements of the Required Services described the Business Description (Attachment A) by providing the following information.

Provide a list of Contractor Personal Property, including estimated value, that Proposer will provide.

Agency expects the winning Proposer to maintain the Agency provided Personal Property in good condition throughout the term of the contract. The winning Proposer will be required to develop and implement a multi-year personal property reserve plan. Provide the amount of the annual dollar set-aside that Proposer will commit to for a Proposer’s personal property reserve and a narrative describing the process used to determine the amount of the set aside.

The Successful Proposer will be required to have standard operating procedures for Required Services. Provide a general description or plan of the essential features of Proposer’s standard operating procedures for the proposed concession operations.

B. Authorized Services. The winning Proposer may, subject to Agency’s approval, offer services to the public in addition to the Required Services.

Identify what Authorized Services Proposer would like to offer, if any.

Identify details such that Agency can understand the scope and scale of any Authorized Services and include any proposed rates.

Identify when each Authorized Service will commence and the operating season.

Identify any costs related to real property or personal property that will be required to offer the Authorized Service.

3.3.2.3 Maintenance of Facilities- Mandatory

Agency wishes to ensure that the Agency Real Property and Agency provided Personal Property used by the Proposer is well maintained. While Agency will be responsible for Component Renewal Expenditures and maintenance of the historic Frenchglen Hotel, the Successful Proposer will be responsible for maintenance expenditures. Describe Proposer’s maintenance strategies, including:

a general description or plan of the essential features of Proposer’s standard operating procedures for concession maintenance.

the process Proposer will use to develop a maintenance plan that addresses cyclic operation and preventive maintenance needed for Agency Real Property and Agency provided Personal Property.

how Proposer will monitor expenditures to identify that it has met the annual maintenance requirements of the Contract.

3.3.2.4 Relevant Experience and Qualifications- Mandatory

Proposer must demonstrate that it has the relevant experience and qualifications to successfully

S-63400-00006796 Business Opportunity Page 8 of 19 provide the Required Services and any Authorized Services. Describe Proposer’s relevant experience by providing a listing of locations for which Proposer has provided similar services.

For each location identify the following:

What services the Proposer has provided that are the same as or similar to the Required Services and Authorized Services described in this Opportunity.

The scope of the operations of the same or similar services (e.g. type of food service, square feet of retail space, number/type of overnight accommodations, etc.).

Operating performance data for the most recent operating year (number of rentals, number of transactions related to retail/food service sales, overnight accommodations occupancy percentage).

Gross revenue by concession Department for the most recent operating year.

Number of staff (full-time, part-time).

Number of years under operation.

If operation is private or under lease/contract with a public agency (identify which public agency and a point of contact).

3.3.2.5 Key Persons and Resumes- Mandatory

Proposer must demonstrate that Proposer’s team has the necessary experience as well as suitable management and staff levels to successfully provide the Required Services and any Authorized Services. Describe Proposer’s resources in this area:

By providing an organizational chart that illustrates the management structure that Proposer will commit to the contract. If there are any regional or national support services, identify them in the chart.

By providing a staffing plan for the proposed operation by Department. Identify the number of staff by Department and by category (e.g. full-time vs. seasonal).

3.3.3 References- Mandatory

Proposer shall provide the References from current or former client firms for similar projects performed for any clients within the last ten years. List the reference contact information in the Reference Check Form (Attachment B) and submit it with the Proposal. References must be able to verify the quality of previous related work.

Upon completion of Proposal review; Agency will check to determine if references provided support Proposer’s ability to comply with the requirements of this Opportunity.

Agency may use references to obtain additional information, or verify any information needed.

Agency may contact any Reference (submitted or not) to verify interested party’s qualifications.

Agency may also request an additional Reference, when Proposer submitted Reference does not respond to Agency request.

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3.3.4 Cost Proposal -Mandatory

3.3.4.1 Financial Resources

Proposer must demonstrate that it has adequate financial resources to support the startup and sustain the operations under the contract and lease. Provide proof of Proposer’s ability to meet at least 60 days of startup and payroll costs, in the form of bank statements, credit lines, existing loan availability, and any other sources of cash.

3.3.4.2 Financial and Operating Proposal

Proposer must demonstrate that it understands the financial operating requirements to support the operations under the contract.

Complete and submit the Financial Information Submittal form (Attachment C).

Provide a description of the financial and operational policies and systems that Proposer will use to ensure that the operation and financial reports required of the contract can be met.

3.3.4.3 Concession Fee- Requirement

The winning Proposer will retain the gross revenue received from the sales of Required Services and Authorized Services less a concession fee paid to Agency. The concession fee is based on a percentage of the winning Proposer’s gross revenue.

Propose the Concession Fee to be paid to Agency for the Contract period. The minimum Concession Fee Agency will consider is five percent (5%).

3.3.4.4 Annual Repair and Maintenance Expense-Requirement

Agency will be responsible for funding Component Renewal expenditures for all Agency Real Property.

An industry standard such as the Building Owners and Managers Association International’s publication for preventive maintenance will be used as the common source for referencing Component Renewal that is the responsibility of Agency and preventive maintenance which is the responsibility of the winning Proposer.

Propose the amount that Proposer will commit to set aside from its operating budget for the Annual Repair and Maintenance Expenses annually and per calendar year. The minimum amount Agency will consider is $10,000.00.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The Opportunity and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at OregonBuys and Doing Business with OPRD .

Modifications, if any, to this Opportunity will be made by written Amendment(s) published in OregonBuys and Doing Business with OPRD . Prospective Proposer is solely responsible for checking https://oregonbuys.gov/ https://www.oregon.gov/oprd/AO/Pages/AU-business.aspx https://oregonbuys.gov/ https://www.oregon.gov/oprd/AO/Pages/AU-business.aspx

S-63400-00006796 Business Opportunity Page 10 of 19 the websites to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the Opportunity by this reference.

4.2 OPEN HOUSE

Interested parties may participate in an Open House site visit by contacting the SPC via email no later than May 23, 2023 at 2:00 PM PT.

The Open House is scheduled for Friday May 26, 2023 from 10:00 AM PT to 3:00 PM PT.

The purpose of the Open House is:

to provide Proposers the opportunity to review the layout and general condition of the concession area and facilities to gain first-hand knowledge of the opportunities and constraints related to the property and concession opportunity, and to provide clarification on the Opportunity process.

Statements made at the Open House are not binding upon Agency. Proposers may submit questions in writing to SPC.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the Opportunity process, administration, deadlines, or method of Award, or to the intent or technical aspects of the RFP must:

Be delivered to the SPC via an OregonBuys submission or email at winona.butler@oprd.oregon.gov;

Reference the OregonBuys Bid #S-63400-00006796;

Identify Proposer’s name and contact information;

Refer to the specific area of the Opportunity 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.

4.4 PROPOSAL DELIVERY OPTION

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the Opportunity requirements before Closing. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this Opportunity:

Proposal submission should be electronically through OregonBuys at:

https://oregonbuys.gov/bso/

Proposal submission may also be submitted directly to Single Point of Contact at:

winona.butler@oprd.oregon.gov

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its mailto:winona.butler@oprd.oregon.gov https://oregonbuys.gov/bso/ mailto:winona.butler@oprd.oregon.gov

S-63400-00006796 Business Opportunity Page 11 of 19 modification in one of the authorized methods listed in Section 4.4 (Proposal Delivery Option). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a written notice signed by an authorized representative of its intent to withdraw to the SPC via email, prior to the Closing.

4.6 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opportunity Closing via OregonBuys at https://oregonbuys.gov/bso/ . All Proposal modifications or withdrawals must also be received prior to Closing. At Closing, all Proposals become Firm Offers for a 60-day period, meaning they cannot be modified or withdrawn during that time.

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

4.7 PUBLIC OPENING

There will be no public opening for this Opportunity. Proposal results will be uploaded into the OregonBuys and Doing Business with OPRD websites.

4.8 PROPOSAL REJECTION

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

Proposer fails to substantially comply with all prescribed Opportunity 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 Opportunity 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 Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the Opportunity or Amendment(s).

4.9 [ROUND 1] EVALUATION PROCESS

4.9.1 Evaluation Criteria

Evaluation Criteria Max Points

4.9.2 Service Proposal Evaluation Elements ----

4.9.2.1 Proposed Financial Resources 30

https://oregonbuys.gov/bso/

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4.9.2.2 Maintenance of Facilities 20

4.9.2.3 Relevant Experience and Qualifications 30

4.9.2.4 Cost Proposal Elements ----

4.9.2.4.1 Financial Resources 15

4.9.2.4.2 Financial Operating Proposal 15

Total Possible Points 110

Reference Points- up to 5 points per Reference 15

4.9.2 Service Proposal Evaluation

Each Responsive Proposal will be independently evaluated by members of an evaluation committee. Evaluation committee members may change, and OPRD may have different evaluators for the Proposal. Evaluators will assign a score for each evaluation criterion up to the maximum points established in section 4.9.1.

4.9.2.1 Evaluation Item 1- Proposed Service Max Points: 30

How well does the Proposer address and understand the Required Services?

How well does the Proposer propose the standard operating procedures?

How well does the Proposer describe Required Services and any Authorized

Services and their proposed schedule for public use?

4.9.2.2 Evaluation Item 2- Maintenance of Facilities Max Points: 20

How well does the Proposer describe the plan to maintain the Agency’s Real Property and Personal Property?

How well does the Proposer describe how they will inspect the concession area? Did the Proposer submit a sample checklist, sample inspection form, or another tracking method?

4.9.2.3 Evaluation Item 3-Relevant Experience and Qualifications Max Points: 30

How well does the Proposer address the Required Services and Authorized Services?

Does the Proposer provide a list of accounts that are similar to the Frenchglen Hotel State Heritage Site Concession area?

4.9.2.4 Cost Proposal Evaluation Items

Agency will evaluate the Financial Information Submittal Form (Attachment C) and assign scores up to the maximum points established in section 4.9.2.4 for each Cost Proposal element.

4.9.2.4.1 Evaluation Item 4-Financial Resources Max Points: 15

How well does the Proposer address adequate financial resources to support the start-up and ability to sustain the Concession for at least 90 days?

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4.9.2.4.2 Evaluation Item 5-Financial Operating Proposal Max Points: 15

How well does the Proposer describe the financial and operational policies and systems the Proposer will utilize to assure reporting requirements are contractually met?

4.9.3.5 Ranking of Proposers

The SPC will average the evaluation criteria scores for each Service Proposal (calculated by totaling the points awarded by each evaluation committee member and dividing by the number of members). The SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank and successive rank order determined by the next highest score.

4.9.2.6 Competitive Range Determination

Based on the ranking above, Agency will select a Competitive Range to indicate the Proposals that will be advanced to Round 2. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores) of the proposers from Round 1. Agency will post a notice in OregonBuys and Doing Business with OPRD of its Competitive Range Determination.

4.9.3 Round 2: Next Step Determination

Based on the ranking of Proposers described above, Agency may determine an apparent Successful Proposer with no additional rounds of competition or Agency may conduct additional rounds of competition, whichever is in the best interest of the State.

If additional rounds of competition are conducted, Agency will notify advancing Proposers at the conclusion of each subsequent round and provide the details of the next round of competition in the notice. Agency may determine an apparent successful Proposer at any time during the solicitation process.

4.10 ADDITIONAL ROUNDS

4.10.1 Interviews- No points

Proposers progressing to Round 2 will be invited to participate in interviews. Interviews may be in person at a location determined by Agency which may be via teleconference. Further details will be included with Notice of Competitive Range. Interview questions will be submitted to Proposers one hour prior to interview time.

4.10.2 Reference Checks- Up to 5 points per Reference

Agency will contact submitted References. Each Reference could be awarded up to 5 points per Reference. Questions include the following topics: service type, customer experience, business relationship, likelihood of doing business with Proposer again.

4.11 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score

S-63400-00006796 Business Opportunity Page 14 of 19 for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a contract, will award a contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written Protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive.

Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the Opportunity.

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

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter

279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

Be delivered to the SPC via an OregonBuys submission or via email attachment at winona.butler@oprd.oregon.gov;

Reference the OregonBuys Bid #S-63400-00006796;

Identify Proposer’s name and contact information;

Be signed by an authorized representative of Proposer;

Specify the grounds for the Protest; and mailto:winona.butler@oprd.oregon.gov

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Be received within 7 calendar days of the Intent to Award notice.

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a contract award under this Opportunity 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 Agency proof of insurance as required in this Opportunity or as negotiated. Insurance Requirements are listed below:

Workers Compensation (if applicable).

Commercial General liability: $2 million per occurrence; $4 million aggregate

Auto Insurance: $1 million

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 Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit sos.oregon.gov for Oregon Business Registry information.

5.3.4 Negotiation

After selection of a successful Proposer, Agency may enter into contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the Opportunity, including the terms and conditions of the contract, with the exception of those terms listed below for negotiation.

Proposer shall review the contract and lease and note exceptions.

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

http://sos.oregon.gov/business/pages/register.aspx

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Agency is willing to negotiate all items, except those listed below:

Choice of law;

Choice of venue;

Constitutional requirements;

Requirements of applicable federal and state law; and Concession Fee of less than 5%.

$10,000 general repair and maintenance reserve.

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

SECTION 6: ADDITIONAL INFORMATION

6.1 GOVERNING LAWS AND REGULATIONS

This Opportunity is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this Opportunity, 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 6.1 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this Opportunity become the Property of Agency. By submitting a Proposal in response to this Opportunity, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a contract, if awarded to Proposer, or as otherwise needed to administer the Opportunity process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.3 CANCELLATION OF OPPORTUNITY; REJECTION OF PROPOSAL; NO DAMAGES.

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

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6.4 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

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ATTACHMENT B

REFERENCE CHECKS

Reference #1

Proposer Name: __________________________________________

Reference Entity: __________________________________________

Reference Contact Name: __________________________________________

Contact Telephone Number: __________________________________________

Contact Email Address: __________________________________________

Services Rendered: __________________________________________

Secondary Contact: __________________________________________

Reference #2

Reference Entity: __________________________________________

Reference Contact Name: __________________________________________

Contact Telephone Number: __________________________________________

Contact Email Address: __________________________________________

Reference #3

Reference Entity: __________________________________________

Reference Contact Name: __________________________________________

Contact Telephone Number: __________________________________________

Contact Email Address: __________________________________________

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2.3 SCOPE OF WORK

4.11 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS