C2024430_BOV_RFQ.pdf

C2024430_BOV_RFQ Page 1

Oregon Business Development Department “Business Oregon” or “Department” is issuing this Request for Qualifications (RFQ) under OregonBuys Bid Number S-12300-00010779 for

State Small Business Credit Initiative (SSBCI) Business Oregon Venture Fund Program

Date of Issue: October 28, 2024

Business Oregon RFQ no. C2024430

Single Point of Contact (SPC):

Denise Wendler, Procurement and Contracts Specialist Oregon Business Development Department 775 Summer St., NE, Suite 310 Salem, OR 97301-1280 Phone: 971-718-6790 Email: denise.wendler@biz.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

mailto:denise.wendler@biz.oregon.gov

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LIST OF ATTACHMENTS

Attachment A – Proposer Information and Certification Sheet Attachment B – Reference Check Form Attachment C – Certified Disadvantaged Business Outreach Plan Attachment D – Disclosure Exemption Affidavit Attachment E – Responsibility Inquiry Attachment F – Key Persons and Resumes (Optional but accepted) Attachment G – Sample Contract

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The American Rescue Plan Act of 2021 (“ARPA”) provides for, among other things, the reauthorization of the State Small Business Credit Initiative (“SSBCI”), which was enacted to provide financial support to small businesses. The State of Oregon, acting by and through the Oregon Business Development Department (“Department” or “Business Oregon”), is seeking proposals to deploy SSBCI capital through a new venture capital fund program called the Business Oregon Venture Fund Program (“BOV Fund Program”).

This document constitutes a Request for Qualifications (“RFQ”), in a competitive format, seeking entities (“Proposers”) to invest Business Oregon’s SSBCI funds. The selected Proposer will operate as the general partner with Business Oregon as a limited partner. Funds will be invested in Oregon firms consistent with SSBCI (the “Program”). Proposers to this RFQ shall provide a proposal, in accordance with the terms and conditions set forth herein, to facilitate and carry out the Program.

Business Oregon has applied for and received funding from the SSBCI program. Business Oregon anticipates the award of one or more Contract(s) from this RFQ. The initial term of the Contract is anticipated to be 10 years and may be amended, in Business Oregon’s sole discretion, to extend and/or add related services, as allowed by law.

1.2 SCHEDULE

Business Oregon intends to leave this RFQ open and active in OregonBuys for a period of five years through 11/01/2029 or until Department has awarded all allocated SSBCI funds, whichever comes first. Department will review proposals at least once every calendar quarter.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Department is issuing this RFQ on behalf of the Oregon Innovation Council. Department’s resulting contract is authorized by ORS 284.742 and is not subject to the Public Contracting Code pursuant to ORS 279A.025(3)(i). However, Department, at its own discretion, is following select parts of the procedures for competitive sealed proposals as described in ORS 279B.060 and reserves the right to conduct further selection stages as Department, in its sole discretion, deems necessary.

The SSBCI provisions are codified at 12 U.S.C. § 5701 et. seq.

2.2 OVERVIEW AND PURPOSE

2.2.1 PROJECT OVERVIEW AND BACKGROUND

ARPA reauthorized and amended the Small Business Jobs Act of 2010 (“SBJA”) to provide $10 billion to fund the SSBCI as a response to the economic effects of the COVID-19 pandemic. SSBCI is a federal program administered by the Treasury that was created to strengthen state programs that support private financing to small businesses. SSBCI is expected to create billions of dollars in lending and investments to small businesses that otherwise would lack the support they need to expand and create jobs.

Business Oregon will deploy SSBCI capital through two program categories: Capital Access Programs (“CAPs”) and Other Credit Support Programs (“OCSPs”). This RFQ is for one venture capital program eligible under SSBCI’s OCSP guidelines. Specifically, Business Oregon will seek to deploy up to approximately $10 million. We anticipate that the allocation will be deployed as part of the second

C2024430_BOV_RFQ Page 4 tranche, and potentially the third tranche, of funding from U.S. Treasury, as available. Business Oregon received the first tranche from U.S. Treasury in 2022. While the precise timing is yet to be determined, Business Oregon expects to receive the second tranche of SSBCI funding in 2024, and the third tranche in approximately 2026.

The BOV Fund Program will hire one or more fund managers with extensive venture capital experience to invest in SSBCI-eligible companies. While a selected firm is not required to be Oregon-based, the firm will be required to have a presence in Oregon to ensure they are available to meet with and evaluate as many Oregon deals as possible.

All invested capital will be required to be invested in Oregon-based companies, in accordance with the SSBCI Capital Program Policy Guidelines. These guidelines state SSBCI funds for each jurisdiction, including Oregon, are intended to benefit that jurisdiction, its businesses, and its residents. Treasury requires each jurisdiction to use at least 90 percent of its capital allocation for investments located in the jurisdiction. This means that, at most, 10 percent of a jurisdiction’s SSBCI allocation may be used to support investments for out-of-jurisdiction small businesses. For each investment located outside of the jurisdiction, the jurisdiction must provide a reasonable explanation of the benefits of that investment to businesses located in the jurisdiction.

At a minimum, Business Oregon Staff will review all investments prior to funding to confirm they meet all SSBCI program requirements. Examples of items to be considered are geographical requirements, conflict of interest restrictions on ownership by SSBCI insiders, exponential growth potential, industry sector, company size, fundraising status, federal law compliance, etc.

Proposers should review and understand the following source material (these are subject to change as per the Treasury – Proposers are responsible for ensuring they access and review the most recent versions):

• U.S. Department of the Treasury - State Small Business Credit Initiative - Capital Program Policy Guidelines https://home.treasury.gov/system/files/136/SSBCI-Capital-Program-Policy-Guidelines.pdf

• U.S. Department of the Treasury - State Small Business Credit Initiative (SSBCI) Program - Fact Sheet - June 2023 https://home.treasury.gov/system/files/256/State-Small-Business-Credit-Initiative-SSBCI-Fact- Sheet.pdf

• U.S. Department of the Treasury - State Small Business Credit Initiative (SSBCI) - Frequently Asked Questions - Updated https://home.treasury.gov/system/files/136/SSBCI-FAQs.pdf

• U.S. Department of the Treasury - State Small Business Credit Initiative - Capital Program Reporting Guidance - Revised February 21, 2024 https://home.treasury.gov/system/files/136/SSBCI-Reporting-Guidance.pdf

• U.S. Department of the Treasury - State Small Business Credit Initiative - Capital Program Sample Certifications - July 2022 https://home.treasury.gov/system/files/256/SSBCI_Sample_Certifications.pdf

• Summary of the Interim Final Rule on collecting demographics-related data of those who own or control small businesses that participate in SSBCI – issued March 10, 2022 https://www.govinfo.gov/content/pkg/FR-2022-03-10/pdf/2022-04843.pdf

The selected Proposer will be required to sign applicable certifications at time of contract award and https://home.treasury.gov/system/files/136/SSBCI-Capital-Program-Policy-Guidelines.pdf https://home.treasury.gov/system/files/256/State-Small-Business-Credit-Initiative-SSBCI-Fact-Sheet.pdf https://home.treasury.gov/system/files/256/State-Small-Business-Credit-Initiative-SSBCI-Fact-Sheet.pdf https://home.treasury.gov/system/files/136/SSBCI-FAQs.pdf https://home.treasury.gov/system/files/136/SSBCI-Reporting-Guidance.pdf https://home.treasury.gov/system/files/256/SSBCI_Sample_Certifications.pdf https://www.govinfo.gov/content/pkg/FR-2022-03-10/pdf/2022-04843.pdf

C2024430_BOV_RFQ Page 5 at time of investments.

For additional information please access the Treasury’s SSBCI program home page:

https://home.treasury.gov/policy-issues/small-business-programs/state-small-business-credit-initiative-ssbci

2.2.2 INVESTMENT PARAMETERS

Please reference U.S. Treasury’s investment parameters for venture capital OCSPs above. The selected Proposer will coordinate with Business Oregon staff to implement an investment strategy that aligns both with U.S. Treasury’s guidelines as well as Oregon’s rules and regulations. The selected Proposer will deploy SSBCI capital through a Fund or Special Purpose Vehicle (SPV). In either structure, the proposed Fund must meet or exceed SSBCI’s 1:1 private financing matching requirement at the fund level, that is, at the time that the SSBCI funds are committed. Participation will only be in funding rounds smaller than $20 million, and at least 90 percent of the capital allocation must be invested in Oregon-based companies, as described in Section 2.2.1 above.

2.2.3 INVESTOR REQUIREMENTS

2.2.3.1 Investment Evaluation and Selection: Establish and manage the evaluation and selection process for investment candidates. Coordinate with Business Oregon Staff prior to making commitments. At a minimum, Business Oregon Staff will review all potential investments to ensure that they meet the minimum eligibility requirements. Business Oregon Staff may also take part in the screening and due diligence processes.

2.2.3.2 Transactions: Structure and negotiate investment transactions in order to comply with U.S.

Treasury SSBCI guidelines, including legal and reporting documentation.

2.2.3.3 Conflicts of Interest: Establish practices based on U.S. Treasury SSBCI guidelines to uncover and avoid potential conflicts of interest.

2.2.3.4 Reporting: Provide quarterly and annual reports on Fund activities in accordance with U.S.

Treasury SSBCI guidelines. Reports shall include investment performance, leverage, and results including employment. Coordinate with Department to gather sufficient information from company executives to satisfy U.S. Treasury SSBCI guidelines prior to making commitments.

2.2.3.5 Compliance: Coordinate with Department to establish reporting mechanisms, audits, and other internal controls and compliance activities to ensure compliance with the U.S. Treasury SSBCI program.

SECTION 3: PROPOSAL REQUIREMENTS

3.1 SUBMISSION REQUIREMENTS

3.1.1 RESPONSES BY OREGONBUYS UPLOAD ONLY

Only proposals submitted through OregonBuys upload are acceptable. Proposals sent by email, fax, regular mail or physical delivery are not acceptable.

OregonBuys Electronic Response. Proposers must submit their Proposal electronically through OregonBuys. Proposers should follow the procedures outlined in OregonBuys Vendor Formal Solicitation Response.pdf for electronic submission.

https://home.treasury.gov/policy-issues/small-business-programs/state-small-business-credit-initiative-ssbci https://home.treasury.gov/policy-issues/small-business-programs/state-small-business-credit-initiative-ssbci https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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This RFQ is advertised as a “Bid Solicitation” in the OregonBuys web-based eProcurement System.

The OregonBuys website is available at: http://oregonbuys.gov. OregonBuys is the only official repository for RFQ documents. Business Oregon assumes no responsibility for content obtained from other sources. Interested Proposers must be registered in OregonBuys to do business with the State of Oregon. Registration is free. To create a vendor account, click the blue “Supplier Registration” button in the top right corner of the OregonBuys website. For registration assistance, see vendor registration guidance:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf. Vendors are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. Business Oregon shall not be responsible for defective registration or incorrect vendor information.

3.1.2 NO LATE OR MISDIRECTED SUBMISSION OF PROPOSALS

Submittals that are late or misdirected will be considered non-responsive, without exception. The Department is not responsible for errors of any kind involved with electronic submission nor for notifying Proposers of complete or incomplete receipt of a Proposal.

3.1.3 FORMAT AND PAGE LIMIT FOR PROPOSALS

The Department will accept Proposals as PDFs or in files compatible with Microsoft Office applications. Files that are more than 15 megabytes must be submitted incrementally. Proposals must not be submitted as .zip, .exe or .com files as these will not be received.

Proposers may choose how to allocate pages between any sections, within the overall page limit.

The Proposal must not exceed 20 pages total. Department will consider the pages up to that allowable number and discard all pages in excess of the allowable number. One (1) page is defined as: one (1) side of a single 8-1/2" x 11" page, with 12-point minimum font size for the substantive text. Proposers may use their discretion for the font size of other materials (e.g., graphics, charts).

Any page or partial page with substantive text, graphics, charts, etc., will be counted as one (1) page. The following items do not count toward the page limit:

Attachment A – Proposer Information and Certification Sheet Attachment B – Reference Check Form Attachment C – Certified Disadvantaged Business Outreach Plan Attachment D – Disclosure Exemption Affidavit Attachment E – Responsibility Inquiry Attachment F – Key Persons and Resumes (Optional but accepted)

SECTION 4: SUBSTANCE OF PROPOSAL

To be considered for evaluation, proposals must contain each of the following:

4.1 PROPOSAL NARRATIVE

4.1.1 PROPOSER’S EXPERIENCE (30 POINTS MAXIMUM) Please describe the following:

• Qualifications including expected organizational chart for the Fund, including board, advisors and staff.

• History of the firm’s formation, including how and when the team came together, prior working relationships (if any), and common goals for starting the firm.

• Experience investing in venture capital, including funding rounds, and sectors/industries.

http://oregonbuys.gov/ https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationGuide.pdf

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• Experience investing in Oregon startups.

• Experience sourcing and investing in SEDI-owned businesses and Very Small Business (VSBs), recognizing that BOV Fund Program has a target to invest 45% of funds in SEDI-owned businesses. Also provide a summary of SEDI and VSB investments as a percentage of total investments over the past five years.

• Experience and sophistication in reporting to government agencies and institutional Limited Partners.

• Experience with the Securities and Exchange Commission (“SEC”) or experience working for such registered funds.

• Approach to making a long-term commitment as Business Oregon’s investment partner for approximately the next ten years. Examples include personnel living in-state, percentage of workload in-state, local memberships, etc.

4.1.2 STRATEGY AND INVESTMENT PROCESS (30 POINTS MAXIMUM) Please complete the following table:

Expected:

• Main Fund initial and final close dates

• Main Fund commitment target

• Minimum and maximum SSBCI commitment amounts

• Investment stage (e.g. Seed, Series A)

• Range of investment size, including minimum and maximum investment amounts

• Type of investments (e.g. equity, preferred equity, subordinated debt, etc.)

Please describe and/or summarize the following aspects of your proposal:

• The Fund’s investment thesis, including expected sector focus and level of comfort investing in startups outside of those sectors.

• Expected pipeline and pace of investments, as well as expected sources of deal flow.

• Expected services Proposer will provide to support portfolio companies.

• Expected limitations on use of investment proceeds.

• Expected process for negotiating and approving investment terms.

• Expected process for determining and documenting the “cause and result” of private capital leverage related to the investment. In addition, please complete the leverage ratio table for your proposal (https://home.treasury.gov/system/files/256/SSBCI-OCSPLeverageTables- 02102022.xlsx).

• Expected process for monitoring compliance and performance of outstanding investments.

• Expected process for addressing investment write-offs.

4.1.3 MANAGEMENT FEES AND ADMINISTRATIVE COSTS (20 POINTS MAXIMUM) Please provide the following:

• Details of the fund’s fee structure. Also identify administrative (i.e. legal, accounting, D&O insurance and any other) costs and describe whether these costs are included in the management fee. As you consider your response, please reference U.S. Treasury’s https://home.treasury.gov/system/files/256/SSBCI-OCSPLeverageTables-02102022.xlsx https://home.treasury.gov/system/files/256/SSBCI-OCSPLeverageTables-02102022.xlsx

C2024430_BOV_RFQ Page 8 compensation parameters outlined in the SSBCI Capital Program Policy Guidelines and FAQs linked above.

4.1.4 IMPACTS (15 POINTS MAXIMUM) Please provide the following:

• Expected plan for attracting investable companies including how the Fund will reach out to

SEDI-owned businesses.

• A summary of the previous portfolio companies’ founders’ demographics.

• A description of the expected number of full-time equivalent jobs created post-investment.

• Expected private financing leverage from investments, including subsequent capital raised through additional private equity investment and/or business loans.

4.1.5 ACCOUNTING AND BACK OFFICE (5 POINTS MAXIMUM) Please provide the following:

• A list of the back office, accounting, and support personnel or contractors and description of their roles.

• A description of the General Partners’ valuation policy for the Fund.

• A description of the internal accounting and administrative controls systems for the Vehicle and the extent to which such systems can provide reasonable assurance that the SSBCI funds will be safeguarded against waste, loss, unauthorized use and misappropriation. For example, provide evidence of one or more of the following:

o Periodic internal audits;

o Annual independent audits (including management letters);

o Program financial statements current within the past year; and/or, o Adequate accounting and financial management systems.

4.2 PROPOSER INFORMATION AND CERTIFICATION SHEET (ATTACHMENT A)

Proposer must complete and submit a signed Proposer Information and Certification Sheet (Attachment A) as a PDF file. The Proposer Information and Certification Sheet must be signed by a duly Authorized Representative of the Proposer empowered to bind the Proposer.

4.3 REFERENCE CHECK FORM (ATTACHMENT B)

Proposer must provide three references. References must be able to verify the quality of previous, related work. Ensure one reference is an investor in an investment vehicle you managed; one received investment from an investment vehicle you managed; and one that can speak to your SEDI and VSB impact.

References will not be scored; they will be used as part of Department’s due diligence. Department may determine if provided references support Proposer’s ability to successfully perform the intended contract. Department may use references to obtain additional information or verify any information provided. Department may contact any reference (submitted or not) to verify Proposer’s ability to perform.

SECTION 5: SOLICITATION PROCESS

5.1 PUBLIC NOTICE

The RFQ and attachments are published in the OregonBuys eProcurement System at www.oregonbuys.gov/bso. In addition, the Department may, upon request or its own initiative, provide the RFQ and attachments directly to potential Proposers.

http://www.oregonbuys.gov/bso

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Modifications, if any, to this RFQ will be made by written Amendment and published in OregonBuys.

Department may but is not responsible for sending Amendment to any solicited firms. Prospective Proposers are solely responsible for checking OregonBuys to determine whether any Amendments have been issued. Amendments are incorporated into the RFQ by this reference.

5.2 WRITTEN QUESTIONS AND CLARIFICATIONS

The Single Point of Contact (SPC) for this RFQ is identified on the Cover Page, along with the SPC’s contact information. All inquiries, whether relating to the RFQ process, administration, deadlines, award, or to the intent to award or technical aspects of the services must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

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

and

• Be received no later than November 4, 2024, on or before 3:00 p.m. Pacific Time.

Substantive questions and answers will be issued as official Amendments to this RFQ. Changes or modifications to this RFQ shall be binding on Department only if in the form of a written Amendment issued by Department.

Department may require any clarification it needs to understand a Proposal.

5.3 PROTESTS

5.3.1 ELIGIBILITY PROTESTS

Affected offerors are entitled to protest as defined in OAR 123-089-0050. A Proposer is an affected offeror only if the Proposer would be eligible for an award in the event the protest was successful and is protesting for one or more of the following reasons:

• All higher ranked proposals are non-responsive.

• Department has failed to conduct an evaluation of proposals in accordance with the criteria or process described in the RFQ.

• Department abused its discretion in rejecting the protestor’s proposal as non-responsive.

5.3.2 INTENT TO AWARD PROTEST

An affected offeror may file a written protest to an intent to award. The intent to award protests must:

• Be delivered to the SPC via email

• Reference the RFQ number

• Identify Proposer’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the intent to award notice

5.3.3 RESPONSE TO PROTEST(S)

Department will address all properly submitted protests within a reasonable time and will issue a written decision to the affected offeror. Protests that do not include the required information or are not submitted as instructed may not be considered by Department.

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5.4 PROPOSALS ACCEPTED ON ROLLING BASIS UNTIL ALL ALLOCATED SSBCI FUNDS ARE

AWARDED

Business Oregon intends to leave this RFQ open and active in OregonBuys for a period of five years through 11/01/2029 or until Department has awarded all allocated SSBCI funds, whichever comes first. Department will review proposals at least once every calendar quarter. Department is not responsible for any delays or difficulties experienced in the transmission of any Proposal.

5.5 PROPOSAL REJECTION

Department reserves the right to reject any or all Proposals for good cause if it is in the public interest.

5.6 EVALUATION PROCESS

Each proposal meeting all RFQ requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and the Department may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed as a heading in section 4 up to the maximum points possible and will base their scores on the narrative submitted in response to all of the requirements of section 4.

The SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a proposal.

5.7 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Department may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Serial or simultaneous negotiations

• Revision of specifications and submittal of Best and Final Offer proposals

5.8 COMPETITIVE RANGE DETERMINATION

If Department, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a competitive range to indicate the Proposers that will be invited to participate in a subsequent round. The competitive range may include all, or at Department’s sole discretion, some (based primarily on a natural break in the distribution of scores) of the Proposers from a previous round. Department will notify all Proposers through OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

Proposers excluded from participation in any subsequent evaluation step will be notified and given a right to protest that exclusion.

SECTION 6: AWARD AND NEGOTIATION

6.1 INTENT TO AWARD NOTICE

Department will notify all Proposers remaining in the last competitive round, by email, of the selected Proposer(s) that Business Oregon intends to award the funds to, subject to successful negotiation of an Agreement with the selected Proposer(s).

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6.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) selected for an award under this RFQ will be required to submit additional information and comply with the following:

6.2.1 TAXPAYER IDENTIFICATION NUMBER

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Department or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

6.2.2 BUSINESS REGISTRY

If selected for award, Proposer must be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Agreement. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

6.3 NEGOTIATION

After issuance of its notice of intent to award the funds to the selected Proposer, Department will enter negotiations with the selected Proposer(s) to determine the final requirements of the award and the terms of the contract. Department in its sole discretion reserves the right to negotiate any term or condition of the negotiated contract. If negotiations are not successful, Department may terminate negotiations with the Proposer and may begin negotiations with the next highest ranked Proposer.

SECTION 7: MISCELLANEOUS REQUIREMENTS

7.1 CONTRACT REQUIREMENTS

Per ORS 284.742(2), a contract entered by Business Oregon may be:

(A) A partnership agreement under which the Department is the limited partner, and the management company is the general partner; or

(B) Another form of payment or profit-sharing arrangement under which the Department may receive payment or another form of return in exchange for the Department’s investment.

The contract must require any management company managing investments pursuant to this subsection to:

(A) Manage the investments subject to the policies and procedures and investment directives and strategies of the Department or with the care, skill and diligence that a prudent investor acting in a similar capacity and familiar with such investments would use in managing the investments; and

(B) Invest in Oregon companies an amount that complies with U.S. Treasury’s SSBCI program requirements, outlined above.

7.2 RECYCLED PRODUCTS

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

7.3 RESERVATION

Business Oregon reserves all rights regarding this RFQ including, without limitation, the right to:

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

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7.3.1 Cancel this RFQ without liability if it is in the best interest of Business Oregon to do so, and

7.3.2 Waive any mistakes deemed inconsequential to the provisions or procedures of this

RFQ.

SECTION 8: ADDITIONAL INFORMATION

8.1 CERTIFIED FIRM PARTICIPATION; NONDISCRIMINATION

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

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to complete and submit a completed Certified Disadvantaged Business Outreach Plan (Attachment E) prior to Contract execution.

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

8.2 PUBLIC RECORDS – DISCLOSURE EXEMPTION AFFIDAVIT (ATTACHMENT D)

This RFQ and one copy of every proposal accepted in response to it will be kept by Department and made a part of its records. All accepted Proposals will become part of the public file without obligation to Department. If a Proposal contains any information that may be exempt from disclosure under the Oregon Public Records Law, ORS 192.311 through 192.431, the Proposer must clearly designate that portion of its Proposal it considers to be exempt, along with a justification and citation to the authority relied upon in Attachment D. Application of the Uniform Trade Secrets Act (UTSA), ORS 646.461 and 646.475, and the Oregon Public Records Law will determine whether any information is exempt from disclosure. Identifying an entire Proposal as exempt from disclosure is not acceptable and will not be effective to exempt the Proposal or any part of it from disclosure. Failure to identify the portion of the Proposal claimed as exempt from disclosure, and to specify a justification and the authority relied upon, will be deemed a waiver of any future claim based on disclosure of that information.

8.3 COST OF SUBMITTING A PROPOSAL

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

https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx