C2024445_JapanRepresentation_RFP.pdf

RFP # S-12300-00011036 – Trade and Foreign Direct Investment Representative for Japan

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STATE OF OREGON

Oregon Business Development Department

Request for Proposals:

TRADE AND FOREIGN DIRECT INVESTMENT

REPRESENTATIVE FOR JAPAN

Proposal due date: November 01, 2024, 3:00 p.m. Pacific Time.

OBDD RFP no. C2024445

OregonBuys Open Market Bid S-12300-00011036

Single Point of Contact (SPC):

Denise Wendler, Procurement & Contract Specialist Oregon Business Development Department (Business Oregon) 775 Summer St., NE, Suite 310 Salem, OR 97301-1280 Telephone: (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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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 OREGONBUYS

1.4 SINGLE POINT OF CONTACT

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 PROPOSAL DELIVERY

4.4 PROPOSAL MODIFICATION OR WITHDRAWAL

4.5 PROPOSAL DUE

4.6 PROPOSAL REJECTION

4.7 EVALUATION PROCESS

4.8 RANKING OF PROPOSERS

4.9 NEXT STEP DETERMINATION

4.10 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 RESERVATION OF RIGHTS

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LIST OF ATTACHMENTS

• Attachment A – Proposer Information and Certification Sheet

• Attachment B – Reference Check Form

• Attachment C – COBID Certification and Outreach Plan

• Attachment D – Disclosure Exemption Affidavit

• Attachment E – Responsibility Inquiry

• Attachment F – Key Persons and Resumes

• Attachment G – Sample Contract

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Business Development Department (“Business Oregon”), is issuing this Request for Proposals (“RFP”) for a foreign direct investment (“FDI”) recruitment, export, and trade promotion (“Export”) consultant for Japan.

Additional details on the Scope of services are included in the Scope of Work section.

Business Oregon anticipates awarding one Contract from this RFP. The initial term of the Contract is anticipated to be 2 years from Contract execution, with the option to renew for up to a maximum of nine years (through the two-year budget period ending June 30, 2033).

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

Questions / Requests for Clarification Due October 14, 2024 5 PM

Answers to Questions / Requests for Clarification Issued (approx.) October 24, 2024

Proposal Opening (Proposal Due Date) See RFP Cover Page

Issuance of Notice of Intent to Award (approx.) November 10, 2024

1.3 OREGONBUYS

This RFP, including all amendments, addenda, attachments, and exhibits is posted on OregonBuys at https://oregonbuys.gov. RFP documents will not be mailed. Business Oregon assumes no responsibility for content obtained from other sources.

Modifications, if any, to this RFQ will be published as Bid Amendment(s) in OregonBuys. Proposers are solely responsible for checking OregonBuys to determine whether or not any Bid Amendments have been issued. Bid Amendments are incorporated into the RFQ by this reference.

1.3.1 OREGONBUYS ASSISTANCE

Individuals needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1.855.800.5046 or by email at support.oregonbuys@oregon.gov.

1.3.2 OREGONBUYS REGISTRATION INFORMATION

Proposers must be registered in OregonBuys to do business with the state of Oregon.

Registration is free. Current and correct registration information is the sole responsibility of the registered party. Business Oregon accepts no responsibility for missing or incorrect information.

To create an OregonBuys account, click the blue “supplier registration” button in the top https://oregonbuys.gov/ mailto:support.oregonbuys@oregon.gov

C2024445_Japan Representation_RFP Page 5 of 22 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.

1.4 SINGLE POINT OF CONTACT

The single point of contact (“SPC”) for this RFP is identified as the Purchaser in OregonBuys and on the Cover Page of this RFP. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Business Oregon is issuing this RFP pursuant to its authority under ORS 279A.050(6)(f).

Business Oregon is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-047-0260. For additional rounds of competition, Business Oregon may use a combination of the methods for Competitive Sealed Proposals, including but not limited to: a) competitive range; b) discussions and revised proposals; c) revised rounds of negotiations; d) negotiations; e) best and final offers; and f) multistep sealed proposals as detailed below.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in ORS 279A.010, ORS 279B.005, and OAR 137-046-0110 or as otherwise defined in this RFP.

2.3 OVERVIEW AND PURPOSE

2.3.1 Business Oregon Overview and Background

Business Oregon is the state of Oregon’s economic development agency. Business Oregon’s mission is to invest in Oregon’s businesses, communities, and people to promote a globally competitive, diverse, and inclusive economy. To achieve this mission, Business Oregon administers more than 80 core programs.

To learn more about Business Oregon, please visit our webpage: https://www.oregon.gov/biz.

2.3.2 Project Overview and Background

Business Oregon is seeking a foreign direct investment (“FDI”) recruitment, export, and trade promotion (“Export”) consultant for Japan. FDI recruitment representation work will focus primarily on Business Oregon’s target industries which include advanced manufacturing (renewable energy, metals and transportation equipment), high tech manufacturing (electronics and precision instruments), and software and information-based industries. Export representation work will focus on advanced manufacturing, food & beverage, and outdoor gear and apparel. The final target industry focus will be determined and mutually agreed upon during Contract negotiations.

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

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While the Contract is issued and entered into by Business Oregon, Contractor will occasionally be expected to work in conjunction with and cooperate with State partners including sister agencies and local governments, such as the Port of Portland and the Oregon Department of Agriculture as directed by Business Oregon. During Governor’s and State of Oregon trade missions, Contractor will provide foreign representation services to Business Oregon and participating State partners, as requested.

Payment Foreign Direct Investment Services:

Business Oregon will pay a flat fee not to exceed $130,000 annually ($10,833 per month) for Foreign Direct Investment services. The costs for these services are not negotiable. However, if the Contract is renewed beyond the initial 2-year term, Business Oregon may negotiate the maximum payable amount for these services for subsequent terms.

Export Services:

Export services with third parties contracted for on behalf of Business Oregon will be paid on a reimbursement basis for services actually provided, based on submission and approval of invoices and supporting documentation. The costs for these services are negotiable. When this RFP asks for information related to costs or price proposals, it is referring to Export services only.

Travel:

Business Oregon will pay for Contractor’s inbound travel expenses to Oregon once per biennium (once every two years) amount not to exceed $10,000. Inbound travel expenses must be approved by Business Oregon prior to travel arrangements being made

Travel Business Oregon will require that key personnel assigned to the Contract visit Oregon for one full business week during mutually agreed upon dates in 2025 for a familiarization tour as well as for export promotion outreach. Following the required 2025 visit to Oregon, visits to Oregon by personnel assigned to the Contract shall take place a minimum of once every two years and shall include at least one member from the key personnel team. The timing of all Contractor visits will be mutually agreed upon between Contractor and Business Oregon.

Term Business Oregon anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be two years with the option to renew for up to a maximum of nine years (through the two-year budget period ending June 30, 2033). No later than June 30 of each year, a plan and strategy for the upcoming year will be developed which will include all projected activities for the upcoming twelve-month period (July – June). Since it is anticipated that the Contract with the will begin sometime in late 2024, the initial plan/strategy will be developed and completed within the first 90 days of Contract execution and cover the period through June 30, 2026.

2.4 SCOPE OF WORK

During the term of this Contract, Contractor shall perform the following services to the highest standards prevalent in the industry or business most closely involved in providing the services:

Contractor shall develop and present a compelling proposal for Japanese FDI outreach and trade strategy. Specifically, the Contractor shall work with Business Oregon to gather input

C2024445_Japan Representation_RFP Page 7 of 22 on a Japan FDI outreach and marketing plan to help focus and hone Oregon target industries are prime trade and investment targets and identify opportunities that will provide the best return to the state and Oregon businesses. The strategy must be geared towards developing both trade and investment targets in Japan with emphasis on the target industries. Services may include, but are not limited to targeting FDI business prospects poised for expansion to the United States or the West Coast of the United States, developing trade and sales missions either in-person or virtually, developing opportunities to share Oregon’s value proposition, market research for small-sized exporters, vetting potential brokers, importers or customers, finding new business partners, identifying trade shows or other traded sector events, assisting with webinars and educational events to help Oregon exporters with market entry or market expansion services. Business Oregon is looking for high quality services which will build upon Business Oregon’s 5 Year Global Opportunity Plan:

(https://www.oregon.gov/biz/Publications/Global_Strategy_Executive_Summary.pdf and will contribute positively to Business Oregon’s key performance metrics -https://www.oregon.gov/biz/reports/pages/performance.aspx.

2.4.1 Foreign Direct Investment (FDI): at a minimum, Contractor shall provide the following services:

2.4.1.1 Lead Generation/Pipeline Parameters (minimum 5-8 new high quality leads per month): Contractor shall develop mutually agreed upon parameters for prospective leads and set priority outreach targets for each mutually agreed upon target industry parameters developed shall include minimum criteria for targeted companies, including minimum projected job numbers, financial standing and ability to manage and implement projects from abroad. Small sales offices with less than 10 employees and projects requiring significant public subsidy are not high quality leads.

2.4.1.2 Project Pipeline Development, In-Person Meetings and Virtual Meetings:

Contractor shall generate and maintain a verified pipeline of company leads and potential projects in Japan and mutually vetted and agreed upon markets for target industry sectors that may result in FDI opportunities in Oregon. This shall be the Contractor’s principal responsibility. Specifically, Contractor shall:

a. Work with Business Oregon to identify industry-specific companies to contact during the term of this Contract. Contactor should emphasize opportunities that provide contact with company decision-makers and/or high-ranking corporate officials.

b. Conduct target industry analysis for up to four (4) mutually agreed upon sectors. Contractor shall prepare and share information in reports provided to Business Oregon at mutually agreed upon intervals during the life of the Contract.

c. Develop a database of companies to be contacted during the term of the Contract. The database should include a mutually agreed upon number of Japanese firms who are anticipated to expand into the U.S., especially west coast opportunities, in the next 0-3 years. To account for rapid changes taking place in the global economy, the database will be developed in mutually agreed upon intervals during the life of the Contract.

d. Arrange for monthly virtual meetings with prospective companies, an average https://www.oregon.gov/biz/Publications/Global_Strategy_Executive_Summary.pdf https://www.oregon.gov/biz/reports/pages/performance.aspx

C2024445_Japan Representation_RFP Page 8 of 22 of 3-5 meetings per month. Relationships should be maintained with companies deemed to have characteristics that could portend future projects into the U.S.

West Coast.

e. Provide simple one-page company overviews to Business Oregon at least 36 hours prior to each virtual meeting which includes company background and relevant information to provide context for the initial discussion.

f. Enter details of virtual meetings and interactions, and other meetings and events, into monthly reports submitted to Business Oregon. Monthly report input shall include, but not be limited to:

i. Investment leads generated from all sources as well as descriptions of the related opportunities

ii. Companies contacted and a summary of communications

iii. Virtual conferences, webinars and seminars and exhibitions attended

iv. Strategic alliances and intermediaries contacted and a summary of communications

g. The Contractor will pre-schedule a monthly review and planning call with Business Oregon and submit a monthly report of the activities undertaken during the past month and that are proposed for the upcoming month. Both parties may agree to a more frequent meeting schedule.

h. The Contractor will cultivate FDI commitments and target solid leads during the project pipeline development process. Business Oregon expects the Contractor will achieve 10-20 solid leads and 2-5 concrete project commitments within each 12-month Contract period.

2.4.1.3 Outbound Missions: The Contractor shall support up to 3 (three) business recruitment and FDI missions to Japan during each 12 (twelve) month Contract period. Once per biennium (two-year period) one of these missions may be a Governor’s mission or State of Oregon trade mission. Actual costs for high level meetings, translation services, transportation, additional protocols or are reimbursable on a cost-incurred basis. During these outbound trade missions, the Contractor shall also support integration of business retention and aftercare meetings.

For each outbound mission, the Contractor shall assist with message development, coordinating travel, logistics, and accommodations as well as arranging meetings with prospects. Business Oregon will communicate frequently with the Contractor during the weeks and months leading up to the mission to develop an agenda and travel plan which can be revised as new meetings are confirmed. Contractor will provide Business Oregon with a detailed mission agenda and briefing document prior to departure from Oregon to Japan.

2.4.1.4 Inbound Missions: The Contractor shall support up to 3 (three) business recruitment/FDI missions from Japan during each 12 (twelve) month Contract period.

Occasional visits to Oregon (annual or every other year) may be coordinated with Export visits and may also be coordinated with the annual SelectUSA Summit, Oregon Celebrate Trade Week or other relevant activities.

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For each outbound mission, the Contractor shall assist with message development, coordinating travel, logistics, and accommodations as well as arranging meetings with prospects. Business Oregon will communicate frequently with the Contractor during the weeks and months leading up to the mission to develop an agenda and travel plan which can be revised as new meetings are confirmed. A detailed mission agenda and briefing document shall be shared by Contractor with Business Oregon staff prior to arrival from Japan to Oregon.

2.4.2 Export: At a minimum, Contractor shall provide the following services:

a. Provide assistance to an anticipated 2-4 companies per month.

b. Provide trade leads for US products, whether targeted industries or not, to Business

Oregon.

c. Recommend a market development plan for at least 3 industry groups within the first 90 days of project initiation. This should be a 12-month plan with periodic updates.

d. Recommend targeted trade shows or trade missions for Oregon exporters.

e. Develop work orders for individual companies seeking export promotion services and support in Japan market (minimum two per month). NOTE: Based upon current levels, Business Oregon estimates a maximum of approximately 6 -12 work orders per quarter/2-4 per month will be generated. The Contractor will provide tactics for increasing the number of export assistance work orders to Japan in their proposal.

f. Develop Japan Market Opportunities Webinars and In-person Seminars during bi-annual visits.

g. Meet with global trade specialists monthly.

h. Present to Japanese industry groups as opportunities arise.

i. Act as a liaison between Japanese industry groups and government entities to garner information that may be useful for trade and export market development.

j. Identify foreign buyers interested in Oregon products or services.

k. Track and report export sales occurring during the term of the Contract.

2.4.3 Business Retention/Aftercare

Oregon is home to more than 150 companies headquartered in Japan. Building and maintaining good relationships with existing Japanese companies doing business in Oregon will be a component of the Contractor’s foreign representation work in Japan. While Business Oregon does not envision that this should be more than 25 percent of the Japan representation workload on average, there may be situations when business retention meetings will take priority over all matters.

2.4.4 Other

a. In-Country Liaison - Contractor will serve as the Oregon liaison/representative to U.S.

Department of Commerce, SelectUSA, JETRO, AmCham and other relevant organizations. Contractor will be required to provide Business Oregon with input as to which in-country organizations should be prioritized.

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b. Economic intelligence and trend monitoring for Japan (as relevant to this statement of work).

2.4.5 Reporting Requirements: Contractor will be required to submit quarterly reports that outline Contractor’s accomplishments and upcoming events and opportunities. The reporting requirements will vary based on the Contractor’s activities during the quarter.

Additionally, reports will include submission of invoices for completed work.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

Proposer must be a registered vendor in OregonBuys.

Business Oregon is seeking in-market representation, virtual or out-of-market representation is not sufficient for the needs of this Contract. Proposers unable to provide in-market representation are will not be considered for an award.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

Proposals must contain each of the following (further detailed in Proposal Requirements section below):

a. Executive summary, including how long Contractor has been in business, its overall practices, and names of principals.

b. Project Plan, outlining the Contractor's strategy for accomplishing the Scope of Work outlined in Section 2.4

c. Key Persons and Resumes

d. Work Samples or Accomplishments that align with the Scope of Work

e. References – Attachment B

f. Price Proposal, including hourly and/or daily rates for key personnel related to

Export services

g. Proposer Information and Certification Sheet (Attachment A)

h. Attachment E – Responsibility Inquiry

If selected for Award, Proposer shall be required to submit a Certificate of Insurance (detailed in Exhibit B of Attachment G – Sample Contract)

3.2.2 Proposal Format and Quantity

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

Proposer shall submit its Proposal and all other submittal requirements using OregonBuys.

Proposer shall submit a copy of its Proposal and all other submittal requirements, with Attachment A - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records

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Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment D) and Proposer also shall submit a redacted version of its Proposal, clearly identified as the redacted version.

3.2.3 Authorized Representative Signature

Business Oregon may reject any Proposal that is not signed by the Proposers authorized representative.

3.3 PROPOSAL REQUIREMENTS

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

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, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.3.1 Project Plan

Provide a detailed project plan, including a clear description of proposed scope of work and how it connects to the goals and strategies listed in the Scope of Work.

Illustrate how the plan will serve to coordinate and accomplish the work. This should include the number and frequency of activities, proposed methods for implementing the activities and a timeline. The Project plan should also detail Proposer’s qualifications and experience demonstrating its ability to execute the proposed scope of work.

The Project Plan should demonstrate an understanding of Oregon’s assets and competitive advantages as well as any areas where deficiencies have been identified.

The Project Plan should provide recommendations on the percentage or division of time between providing Business Retention/Aftercare, FDI and Export Promotion activities for Japan.

3.3.2 Key Persons and their Resumes

Specify key persons to be assigned to this Project and include a current resume (not to exceed two pages each) for each individual that demonstrates each person’s qualifications and experience for the work described. Include hourly rates for each key person to be assigned to the Export services portion of this Project.

3.3.3 Work Samples or Accomplishments

Provide examples of past work or accomplishments during the past three years that align with the Scope of Work, demonstrating Proposer’s experience and successful completion of similar work.

3.3.4 References

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Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work. Proposer should utilize Attachment B – Reference Check Form.

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

3.3.5 Pricing (Export Services)

Proposer shall submit a separate attachment detailing its price proposal related to Export services with breakdown by task and resource allocation. Proposal shall include rates to be charged as well as a budget demonstrating that Proposer will not exceed the maximum not to exceed fee included in Section 2.3.2.

3.3.6 Proposer Information and Certification Sheet

Proposer shall complete and submit Attachment A.

Failure to demonstrate compliance with Oregon Tax Laws and to sign the Proposal Coversheet may result in a finding of non-Responsibility.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in OregonBuys at https://OregonBuys.gov. RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be published as Bid Amendment(s) in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Bid Amendments have been issued. Bid Amendments are incorporated into the RFP by this reference.

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must be submitted via email to the SPC identified in Section

1.2 of this RFP.

4.3 PROPOSAL DELIVERY

Proposer is solely responsible for ensuring its Proposal is submitted through OregonBuys in accordance with the RFP requirements before the Bid Opening Date. Business Oregon is not responsible for any transmission errors or delays, or for any mis-delivery for any reason. Additional information may be found in the OregonBuys Terms of Use.

4.4 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, or to withdraw its Proposal, it must do so through OregonBuys prior to the Bid Opening Date.

https://oregonbuys.gov/

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4.5 PROPOSAL DUE

Proposals (including all required submittal items) must be received in OregonBuys on or before the Bid Opening Date. All Proposal modifications or withdrawals must be received prior to the Bid Opening Date.

Proposals received after Bid Opening Date are considered LATE and will NOT be accepted for evaluation.

Business Oregon will open all timely received Proposals electronically on the Bid Opening Date.

4.6 PROPOSAL REJECTION

Business Oregon may reject a Proposal for any of the following reasons:

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

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

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

d. Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

e. Proposer attempts to influence a member of the Evaluation Committee.

f. Proposal is conditioned on Business Oregon’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Bid Amendments.

4.7 EVALUATION PROCESS

4.7.1 Responsiveness and Responsibility determination

4.7.1.1 Responsiveness determination

A Proposal received prior to the Bid Opening Date will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive Proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected, however, Business Oregon may waive mistakes in accordance with

OAR 137-047-0470.

4.7.1.2 Responsibility determination

Business Oregon will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment E) as part of its Proposal. At any time prior to award, C2024445_Japan Representation_RFP Page 14 of 22

Business Oregon may reject a Proposer found to be not Responsible.

4.7.2 Evaluation Criteria; Point and Score Calculations

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Business Oregon may have additional or fewer evaluators for optional rounds of competition.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Each evaluator will provide a Score of 0 through 100 for each Evaluation Criteria in Section 4.7.2 based on the criteria in Table A, below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 10=10%, 50=50%, 72=72%, 90=90%, etc.

Points are the total possible for each section as listed in the Table B, below.

EXAMPLE:

Proposer A receives scores of 100, 90, and 95 for criterion worth 50 points. The SPC averages 100, 90, and 95 for a score of 95 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

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Table A

SCORE EXPLANATION

OUTSTANDING – Response addresses all prompts and requirements, with no deficiencies or weaknesses in the Vendor’s Proposal response.

90 EXCELLENT – Response contains many strengths and only minor weaknesses.

80 VERY GOOD – Response contains a few minor weaknesses.

70 GOOD – Response contains some minor weaknesses

SATISFACTORY – Response contains some strengths, but with some moderate weaknesses.

50 FAIR – Response contains some strengths, but with several moderate weaknesses.

UNSATISFACTORY – Response contains a few strengths but contains some major weaknesses.

30 WEAK – Response contains one or two strengths but contains major weaknesses.

POOR – Response contains one or no strengths and contains many major weaknesses.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the Solicitation.

Vendor has not demonstrated knowledge of the subject matter.

0 NO RESPONSE – Vendor did not address the Proposal submittal prompt in question.

4.7.2.1 Project Plan (50 Points)

Table B

TOTAL POINTS POSSIBLE 100

4.7.2.1 Project Plan 50

4.7.2.2 Qualifications 20

4.7.2.3 Lead Generation 15

4.7.3 Proposed Fees 15

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a. Completeness and clarity of proposal; Scope of Work approach, timing, and substance.

b. Proposal describes how the Scope of Work will be accomplished.

c. Proposal demonstrates a strong understanding of the planning objective and work tasks.

d. Proposal demonstrates a level of detail, documentation, and back-up material.

e. Ability to complete proposed activity within a period of eight (8) calendar quarters.

4.7.2.2 Qualifications (20 Points)

a. Key Person(s) and Resumes - Experience, education and qualifications of the Proposer and team with similar roles and projects.

b. Work Samples or Accomplishments - Proposer demonstrates the ability to successfully carry out the activities related to the Scope of Work.

c. References – Proposer demonstrates current or recent successful similar activities related to the Scope of Work.

4.7.2.3 Lead Generation (15 Points)

a. Proposal must include a brief assessment of Oregon’s ability to attract FDI from Japan and develop export opportunities for Oregon business including perceived competitive advantages and weaknesses.

b. Proposal must Outline Proposer’s planned approach to trade and investment lead generation including research methods, databases and other tools that will be used in the work.

4.7.2.4 Proposed Fees (15 Points)

Proposer must provide their proposed annual fee structure related to Export services.

4.7.3 PREFERENCES

4.7.3.1 Reciprocal Preference

For evaluation purposes per ORS 279A.120(2)(b), Business Oregon shall add a percent increase to each Nonresident Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

4.7.3.2 Tiebreakers

Oregon Supplies: If Business Oregon receives Proposals identical in price, fitness, availability, and quality and chooses to award a Contract, Business Oregon shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.8 RANKING OF PROPOSERS

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Business Oregon may, in Business Oregon’s sole discretion, determine an apparent successful https://www.naspo.org/research-and-innovation/state-preference-repository/

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Proposer with no additional rounds of competition. If additional rounds are conducted, Business Oregon will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.9 NEXT STEP DETERMINATION

At the conclusion of a round of competition, Business Oregon 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 are not limited to:

a. Interviews

b. Proposer meetings with the State’s Enterprise Information Services Cybersecurity Office

c. Presentations/Demonstrations/Additional Submittal Items

d. Discussions and submittal of revised Proposals

e. Serial or simultaneous negotiations

f. Best and Final Offers

4.9.1 Competitive Range Determination

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

4.9.2 Competitive Range Protest

Proposers who claim to have been adversely affected by the exclusion from a round may submit a written protest of Competitive Range. Business Oregon will only consider the following reasons for a protest: (1) All higher ranked Proposals are non-responsive; (2) Business Oregon failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP; or (3) Business Oregon abused its discretion in rejecting the protestor’s Proposal as non-responsive.

Protests must:

a. Be emailed to the SPC;

b. Reference the OregonBuys bid number;

c. Identify Proposer’s name and contact information;

d. Be sent by an authorized representative;

e. State the reason for the protest; and

f. Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Business Oregon will address all protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information will not be considered by Business Oregon.

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4.10 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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

Business Oregon, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer based upon the scoring methodology and process described in Section 4.

Business Oregon may award less than the full Scope defined in this RFP.

5.1.2 Intent to Award Notice

Business Oregon will notify all Proposers in writing that Business Oregon intends to award a Contract to the selected Proposer subject to successful negotiation of any negotiable provisions.

5.1.3 Protests

An affected offeror will have 7 calendar days from the date of the intent to award notice to file a written protest. 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:

a. All higher ranked proposals are non-responsive.

b. Agency has failed to conduct an evaluation of proposals in accordance with the criteria or process described in the RFP.

c. Agency abused its discretion in rejecting the protestor’s proposal as non-responsive.

Protests must:

a. Be emailed to the SPC;

b. Reference the OregonBuys bid number;

c. Identify Proposer’s name and contact information;

d. Be sent by an authorized representative;

e. State the reason for the protest; and

f. Be received within 7 calendar days after issuance of the intent to award notice unless a different due date and time is specified in such notice.

Business Oregon will address all protests within a reasonable time and will issue a written decision to the respective Proposer. Protests that do not include the required information will not be considered by Business Oregon.

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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The Proposer that is selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.2.1 Insurance

Prior to award, Proposer shall secure and provide proof of insurance to as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment G.

5.2.2 Taxpayer Identification Number

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

5.2.3 Business Registration

If selected for award, Proposer, if required by law, shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon business registration information.

5.2.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Business Oregon a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit:

https://www.oregon.gov/das/procurement/pages/payequity.aspx

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

5.2.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by their Signature on Attachment A - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.2.6 Pay Equity Compliance

As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/procurement/pages/payequity.aspx

C2024445_Japan Representation_RFP Page 20 of 22 comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Business Oregon to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.3 CONTRACT NEGOTIATION

After selection of a successful Proposer, Business Oregon may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment G), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Business Oregon during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Business Oregon agrees to modify any of the terms and conditions, Business Oregon intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment G).

It may be possible to negotiate some provisions of the final Contract; however, Business Oregon 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. Therefore, Business Oregon will consider the requested exceptions in the evaluation of Proposal. Notwithstanding the above, for avoidance of doubt, Business Oregon reserves the right to make revisions to the sample contract, prior to contract execution, that it deems necessary to advance its business or legal objectives.

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

Business Oregon is not willing to negotiate the following items:

a. Choice of law

b. Choice of venue

c. Constitutional requirements

d. Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, Business Oregon may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state

C2024445_Japan Representation_RFP Page 21 of 22 contracts. All interested businesses are encouraged to submit proposals for this opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Business Oregon 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. Business Oregon 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 C) prior to Contract execution.

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as 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.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

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

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

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

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

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting its Proposal, including, but not limited to, the costs to https://www.oregon.gov/biz/programs/COBID/Pages/default.aspx

C2024445_Japan Representation_RFP Page 22 of 22 prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR.