Computerized_Legal_Research_Database_Services_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

COMPUTERIZED LEGAL RESEARCH DATABASE SERVICES

(NO. 2020.115P)

FOR

Washington County, Oregon

RELEASE DATE: November 10, 2020 DEADLINE FOR QUESTIONS: November 20, 2020

RESPONSE DEADLINE: November 24, 2020, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/washington-county-or

Computerized Legal Research Database Services

I. Introduction II. Project Details/Scope of Work

III. Evaluation and Award Process IV. Evaluation Criteria V. Terms and Conditions

VI. Vendor Submissions

Attachments:

A - SERVICES CONTRACT - Sample B - INSURANCE REQUIREMENTS SUMMARY FORM for Services

Computerized Legal Research Database Services

I. INTRODUCTION

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

I.A Summary

Washington County (County) is the second largest county in Oregon. The County provides a wide range of services, including public and environmental health, law enforcement, corrections, parole and probation, low‐income housing, road construction and maintenance, land use planning, development review, and building permits, tax system administration and collection, and elections.

The Office of County Counsel (Office) provides civil representation for County in all areas, including real property transactions, personnel, finance, and public contracting. The County is self‐insured and the Office provides virtually all civil rights and tort defense, appellate representation, and prosecution of ordinance violations. Workers’ Compensation, collective bargaining, and bond counsel services are the only major legal services not provided in‐house.

The Office also represents the Housing Authority. The office consists of 9 attorneys, 2 paralegals, and 5 administrative staff.

I.B Contact Information

Patricia Buck Management Analyst II 155 N. First Avenue, Suite 340, MS24 Hillsboro, OR 97124 Email: patricia_buck@co.washington.or.us Phone: (503) 846-3745

Department:

County Counsel

I.C Timeline

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

Time is of the essence in getting the system installed, the above schedule will be adjusted accordingly should some tasks take less time than scheduled.

Release Project Date November 10, 2020 mailto:patricia_buck@co.washington.or.us tel:(503)846-3745 https://secure.procurenow.com/portal/washington-county-or

Computerized Legal Research Database Services

Question Submission Deadline November 20, 2020, 2:00pm

Proposal Submission Deadline November 24, 2020, 2:00pm

Contract Start Date January 1, 2021

Computerized Legal Research Database Services

II. PROJECT DETAILS/SCOPE OF WORK

II.A ESSENTIAL DATABASES AND RELATED SERVICES

These items MUST be included in the proposal. Proposals will be deemed non‐responsive and not evaluated if these items are not included.

1. Oregon‐Related Package

● Oregon Court Cases (Supreme Court, Court of Appeals, Tax Courts – Magistrate and Regular Divisions)

● Pacific Reporter

● Oregon Statutes

● Oregon Digest (or equivalent)

● Oregon Administrative Rules

● Oregon Administrative Agencies’ decisions including Land Use Board of Appeals

● Oregon Court Rules (including Oregon Rules of Civil Procedure, Uniform Trial Court Rules and Oregon Rules of Appellate Procedure)

● Oregon Legislative Materials

● Oregon Attorney General Opinions

● Oregon State Ethics Opinions

● Oregon Law Reviews and Journals

● Oregon Briefs

2. National Package

● U.S. District Court cases

● U.S. Court of Appeals Cases

● U.S. Supreme Court Cases

● U.S. Bankruptcy Cases

● U.S. Tax Court

● U.S. Court of Federal Claims

● Federal Agency rules or regulations such as Code of Federal Regulations

● Federal statutes

3. Citation Checking Service

Computerized Legal Research Database Services

● An electronic citatory system for checking all state and federal case law, statutes, Oregon Attorney General opinions, Oregon and federal administrative rules and regulations, etc.

4. Personal Information Database

● Database for finding people and personal information including date of birth and full social security number.

II.B OPTIONAL DATABASES

The databases listed below are desirable and may provide the basis for additional evaluation points depending on availability and costs. (Order below does not reflect a preference.)

● Oregon Trial Court Orders

● Related Oregon secondary sources such as:

• Oregon Legal forms;

• Oregon practice guide;

• Oregon practice sets;

• Oregon State Bar publications;

• Electronic news services or newspapers; and

• Other law journal related publications for the State, e.g. Oregon State Bar Bulletin, Portland Business Journal, Daily Journal of Commerce, etc.

● Superseded Oregon primary statutory and administrative materials, such as prior year codes and regulations

● Public Employees Collective Bargaining Act (PECBA)

● American Law Reports (ALR)

● U.S. Attorney General Opinions

● Statutes of other states

● Jury Verdicts

II.C ADDITIONAL OPTIONS

Describe all other significant features included within the base package pricing. Examples may include key number searching, head notes, search history tracking, client identification for billing, access to cases in other jurisdictions that are cited in primary database, research assistance.

Vendors may propose other options or system enhancements not specified above. Examples include, but are not limited to, online access to treaties, discounts in print subscriptions bundled to this contract, etc.

Computerized Legal Research Database Services

II.D LICENSES

The Office of County Counsel may add additional attorneys and/or staff during the period of this contract. Propose pricing options for increasing the number of licenses for each additional license requested.

II.E SYSTEM REQUIREMENTS

Access to these services will be through internet‐based connections using the Washington County information technology network and internet configurations. Specify any specific hardware or software requirements.

The following are required:

1. Preclude users from incurring additional charges outside the “base” charge unless the user gives search specific authorization. Preference given if system provides a cost estimate of any such charge prior to authorization.

2. Permit both natural language and Boolean searching.

3. Training materials/tutorials including access to training programs that are available either in‐ house, interactively through an internet site, or by telephone.

4. Guaranteed rates for first year of contract. Indicate timing, notice, and other provisions relating to rate increases.

5. Unlimited printing and/or downloading, email and/or fax delivery of documents from the essential databases within the monthly fee. Detail any potential printing fees not included in the base price.

6. Digest topic searching and/or keyword searching options.

7. Access to an online administrative account so that user passwords may be changed or account administrator may monitor on‐going costs.

8. Report capability indicating search basics, user ID and fees incurred, if any.

II.F COST OF SERVICES

1. The Proposal must at a minimum include all of the Essential Databases and Related Services in a single base rate for all five years for a site license for the Office of County Counsel. Proposal should detail all other databases, features, and services within the base rate.

2. Proposal must provide a separate schedule of rates for optional databases, other features, additional licenses, and preferences not included in the base rate, if any.

II.G QUESTIONS AND ANSWERS

Enter all questions regarding the meaning or intent of the solicitation into the questions area of the solicitation in ProcureNow.

Computerized Legal Research Database Services

III. EVALUATION AND AWARD PROCESS

III.A Clarifications

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

After evaluation, demonstrations, and or interviews have occurred, a single firm will be identified that is best able to provide the services to the County. The County reserves the sole right to determine the best Proposal. A notice of intent to award will be published and a recommendation will be presented to the County Administrator or Board of Commissioners for their consideration.

III.B References

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

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

III.C Period Proposal Validity*

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

III.D Acceptance, Rejection and Cancellation of Award*

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

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

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

Computerized Legal Research Database Services

III.E Inspection of Proposals

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

Copies of material from proposal files may be obtained from the Washington County Purchasing Division upon payment of a charges based upon the current County Fee Schedule. Prepayment is required for providing materials from the proposal files.

III.F Negotiation with Awarded Contractor(s)*

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

III.G Contract Term

The term of the contract will be effective for the period through and including December 31, 2025.

The maximum term of the contract will be five years.

III.H Contractor's Responsibility*

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

Computerized Legal Research Database Services

IV. EVALUATION CRITERIA

EVALUATION CRITERIA AND SELECTION PROCESS

All proposals will be reviewed by staff based on the following criteria. Each evaluation criteria have been assigned points based on its relative value to the contract as a whole. The criteria and the associated points are listed in the table below:

No. Evaluation Criteria Scoring Method Weight (Points)

1. ESSENTIAL DATABASES AND RELATED SERVICES Pass / Fail 1 (1.1% of Total)

2. SYSTEM REQUIREMENTS AND PREFERENCES Pass / Fail 1 (1.1% of Total)

3. OPTIONAL DATABASES OF VALUE TO COUNTY

COUNSEL

Based on how many of the databases listed in Section 2 Item 2 are available and at what cost.

0-5 Points 20 (21.7% of Total)

4. COST OF SERVICE

Per Section 2 Item 6 - include all of the Essential Databases and Related Services in a single base rate for all five years for a site license for the Office of County Counsel. Proposal should detail all other databases, features, and services within the base rate. Provide a separate schedule of rates for optional databases, other features, additional licenses, and preferences not included in the base rate, if any.

Points Based 60 (65.2% of Total)

5. OVERALL RESPONSIVENESS OF PROPOSAL,

QUALITY OF SERVICE, EASE OF USE

0-5 Points 10 (10.9% of Total)

Computerized Legal Research Database Services

V. TERMS AND CONDITIONS

V.A Laws and Regulations

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

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

V.B Proprietary Information, Ownership and Use of Documents

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

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

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

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

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

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

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

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

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

Computerized Legal Research Database Services

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

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

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

V.C Rights of the County

The County expressly reserves the following rights:

• To waive irregularities in the proposals submitted.

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

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

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

• To negotiate contract terms and conditions.

V.D Qualifications/References/Responsible Proposer

1. Qualifications of proposers will be evaluated when determining the award. Proposers may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature.

2. The County reserves the right to investigate references and to consider the past performance of any proposer with respect to its performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of services on schedule, and its lawful payment of employees and workers whether or not specifically listed by the proposer.

3. Before awarding a contract, the County shall determine that the apparent successful proposer has met the requirements of responsibility outlined in ORS 279B.110.

Computerized Legal Research Database Services

V.E Social Equity

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

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

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

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

V.F Cooperative Purchasing

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

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

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

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

V.G Form of Contract

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

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

V.H Insurance Requirements

The insurance requirements for this contract are outlined in the Insurance Requirements Summary Form.

Computerized Legal Research Database Services

VI. VENDOR SUBMISSIONS

VI.A Solicitation Requirements*

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

☐ Yes

☐ No *Response required

VI.B ESSENTIAL DATABASES AND RELATED SERVICES*

The proposed system meets all of the criteria listed in Section 2 Item 1.in

☐ Please confirm *Response required

VI.C SYSTEM REQUIREMENTS AND PREFERENCES*

Meets all requirement listed in Section 2 Item 5.

☐ Please confirm *Response required

VI.D Cooperative Purchasing*

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

☐ Yes

☐ No *Response required

VI.E Resident Bidder **

The Bidder is a resident as defined in ORS 279A.120*?

*ORS 279A.120(1)(b) – Resident bidder means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the vendor is a resident vendor . Nonresident vendor shall comply with the provisions of ORS 279A.120(3).

☐ Yes

☐ No *Response required

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VI.F Proposal Content

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

Proposal should contain no more than ten (10) 8.5" x 11", pages of written material (excluding biographies and brochures which may be included in an appendix) describing the ability of the proposer to perform the work described. The minimum font shall be twelve (12) point single spaced and the minimum margins shall be one (1) inch on all sides.

VI.F.1 OPTIONAL DATABASES OF VALUE and ADDITIONAL SERVICES*

Describe any additional services and list the optional databases available. Explain how your system is unique and provides information in an efficient manner.

*Response required

VI.F.2 Cost Proposal*

Include all of the Essential Databases and Related Services in a single base rate for all five years for a site license for the Office of County Counsel. Proposal should detail all other databases, features, and services within the base rate. Provide a separate schedule of rates for optional databases, other features, additional licenses, and preferences not included in the base rate, if any.

*Response required

VI.F.3 Confidential Information

Upload all pages or documents containing information exempt from disclosure per Section 7 Item 3.

VI.F.4 Changes Requested to County Contract Standard Terms and Conditions

Upload any alterations requested to Washington County's contract standard terms and conditions per Section 7 Item 8.