DLCD_RFP_S-66000-00015662_RulemakingandFiscalImpactStatements_final.pdf

DLCD Solicitation #S-66000-00015662 – Rulemaking and Fiscal Impact Statements

STATE OF OREGON

COVER PAGE

Department of Land Conservation and Development is issuing this Intermediate Procurement under

OregonBuys Solicitation #S-66000-00015662 for

RULEMAKING AND FISCAL IMPACT STATEMENTS

Date of Issue: December 30, 2025

Opening Date: January 12, 2026, 2:00 PM

Single Point of Contact (“SPC”): Erin Smith

Address: 635 Capitol St NE, Suite 150 City, State, Zip: Salem, OR 97301 E-mail: erin.smith@dlcd.oregon.gov mailto:erin.smith@dlcd.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 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 AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFERS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Land Conservation and Development (“Agency” or “DLCD”), is issuing this Intermediate Procurement for consulting services related to rulemaking. The requested services include but are not limited to development of Fiscal Impact Statements, Housing Impact Statements, and Racial Equity Statements necessary to implement rulemaking efforts.

Agency anticipates the Award of up to four contracts from this solicitation to provide the requested services that are more clearly defined in Section 2.4. The initial term of the Contract is anticipated to be 12 months with options to renew up to a maximum of two years. Agency reserves the right to amend the resulting contract(s) for additional reasonably related services, dependent on need and approved budget, without conducting further solicitation activities.

By submitting an Offer, each Offeror agrees that it accepts all risks, and waives any claims, that may be associated with or arise out of the volume of the services under any contract awarded under this solicitation. Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

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. N/A denotes that event is not applicable to this solicitation.

Event Date Time

Questions / Requests for Clarification Due January 5, 2026 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.)

January 7, 2026

Closing (Offer Due) January 12, 2026 2:00 PM

Issuance of Notice of Intent to Award (approx.) January 28, 2026

1.3 SINGLE POINT OF CONTACT

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offerors shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

2.3 OVERVIEW AND PURPOSE

DLCD’s mission is to help communities and citizens plan for, protect, and improve the built and natural systems that provide a high quality of life. In partnership with tribes and local governments, DLCD fosters sustainable and vibrant communities and protects Oregon’s natural resources legacy.

Agency has been charged by the legislature with managing urban growth; protecting farm and forest lands, coastal areas, and natural resource lands; and providing for safe, livable communities in concert with the vision of the local communities. Under the statewide land use planning program, local governments are called upon to adopt and maintain comprehensive plans and implement zoning codes consistent with 19 statewide planning goals. Recognizing that each local government has unique values and aspirations, Agency’s job under this Project is to provide planning guidance and technical assistance to help communities plan for their future while considering the needs of the region and the state.

The purpose of this Project is to inform rulemaking processes by providing at least four Fiscal Impact Statements, Housing Impact Statements, and Racial Equity Impact Statements. The Successful Offeror, or Offerors, will coordinate with a DLCD representative to complete services requested. Agency’s proposed budget for the rulemaking support services is approximately $25,000 per rulemaking.

2.4 SCOPE OF WORK

The scope of work shall include, but is not limited to the following:

2.4.1. Fiscal Impact Statements

The purpose of a Fiscal Impact Statement (“FIS”) is to give notice to anyone who may have a fiscal impact from a new or updated Oregon Administrative Rule. The FIS should therefore describe the purpose of the rule, attempt to identify people or entities the rule will financially affect and to describe, as well as possible, what that financial effect will be.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

Per the Administrative Procedures Act (APA) manual, DLCD and by association its contractors, is not required to conduct original research. DLCD is required to use available information to identify any significant financial effect of the proposed rule.

DLCD is required to identify any persons this proposed rule could affect economically (quantitative estimate of how the proposed rule affects these entities or explain why DLCD cannot make the estimate) including:

Small businesses;

State agencies;

Local governments; and Public.

2.4.2 Housing Impact Statements

Oregon Revised Statute (ORS) 183.530 and 183.534 requires DLCD to include in a notice of rulemaking an estimate of the proposed rule's impact on housing costs. The Housing Impact Statement (“HIS”) should provide an estimate of the effect of the proposed rule:

• on the cost of development of a 6,000 square foot parcel; and

• on the construction of a typical1 1,200 square foot detached single-family dwelling on that parcel.

2.4.3 Statements Identifying How Rule Adoption Will Affect Racial Equity in this State

Consistent with House Bill 2993 (2021 Legislative Session) and the associated amendments to ORS 183.335(2)(a)(F), Contractor shall produce a racial equity impact statement (“REIS”). The racial equity statement must address only the effects of the rule. House Bill 2993 does not define “racial equity”, and there is no one meaning of the phrase as a term of art. The ordinary meaning of “racial equity” is treating people of all races fairly, justly, and without bias. A statement of how a rule will affect “racial equity”, means how the rule will affect the fair, just, and unbiased treatment of people of different races. The Department of Justice has produced a Frequently Asked Questions (“FAQ”) about this process which may be made available to the selected Offeror or Offerors.

2.4.4 Rulemaking Projects

Offerors may submit an Offer on providing all services outlined in Sections 2.4.1-2.4.3 for one or more of the following rulemaking projects:

2.4.4.1 Public Access Rulemaking

(anticipated date of impact review is February 17, 2026, with materials needing to be provided to the advisory committee by approximately

1 Typical – single story 3 bedrooms, 1 ½ bathrooms, attached garage (calculated separately) on land with good soil conditions with no unusual geological hazards.

https://www.doj.state.or.us/oregon-department-of-justice/client-resources/attorney-general-model-rules/

February 10, 2026, if possible.)

2.4.4.2 Urbanization and Wetlands Rulemaking

(anticipated date of impact review is early March 2026)

2.4.4.3 Shoreline Stabilization

(anticipated date of impact review is Fall, 2026)

2.4.4.4 Oregon Homes/Middle Housing Rulemaking

(anticipated date of impact review is Spring 2026, and Spring 2027 in two parts)

Information on each rulemaking project is available on DLCD’s Rulemaking website:

https://www.oregon.gov/lcd/LAR/Pages/Rulemaking.aspx. DLCD staff will refine this anticipated schedule in negotiation with the selected contractor(s). Offerors should list their interest in the projects in descending priority order. DLCD may select more than one contractor for this work. Staff will work with the selected contractor(s) to define the schedule for each project.

2.4.5 Anticipated Deliverables

For the rulemaking project listed in Sections 2.4.4.1 (Public Access) and 2.4.4.2 (Urbanization and Wetlands) above, the successful Offeror shall produce draft impact and equity statements (FIS/HIS/REIS) anticipated by early and late February 2026 respectively. The successful Offeror shall then produce revised drafts of each impact and equity statement (FIS/HIS/REIS) that include consideration of comments collected from rules advisory committee meetings, and a final set of impact and equity statements (FIS/HIS/REIS).

For the rulemaking project listed in Section 2.4.4.3 (Shoreline Stabilization), the successful Offeror shall produce draft impact and equity statements (FIS/HIS/REIS) anticipated Fall of 2026. The timeline regarding revised and final drafts of the impact and equity statements related to Section 2.4.4.3 are to be determined.

For the rulemaking project listed in Section 2.4.4.4 (Oregon Homes/Middle Housing), the schedule will be negotiated with the awarded Offeror.

The total compensation for all services is anticipated to be approximately $25,000 per rulemaking project listed in Section 2.4.4.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

To be considered for evaluation, Offeror must demonstrate how Offeror meets all of the following business requirements:

• Offeror must have previous experience preparing impact statements for local governments.

https://www.oregon.gov/lcd/LAR/Pages/Rulemaking.aspx

• Offeror shall have completed a minimum of two successful and relevant projects, similar in scope and size to that requested in this solicitation, within the last five years.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information.

Offers must not exceed 10 pages. Any pages exceeding this limit will not be considered in the evaluation of the Offer. The following items do not count toward the page limit:

• Key Members Resumes;

• Cost Information;

• Disclosure Exemption Affidavit (Attachment B) – if applicable;

• Offeror Information and Certification Sheet (Attachment C);

• Reference Check forms (Attachment D);

• COBID Certification / Outreach Plan (Attachment E) – if applicable; and

• Responsibility Inquiry (Attachment F).

Offers should not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Offer. Offers shall not include marketing or advertising material. Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number;

• Identify Offeror’s name and contact information;

https://oregonbuys.gov/bso

• Be sent by an authorized representative;

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule.

3.3.3 Pre-Offer Conference

A pre-submittal conference will not be held for this solicitation.

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.3.4.1 Submission Options

Only electronic offers sent by email to the SPC or via digital upload on OregonBuys are acceptable. Offers sent by fax, regular mail, or physical delivery are not acceptable. Please include the solicitation title and number in the email subject or reference line for all email submittals.

Offeror shall submit one copy of its Offer and all other submittal requirements in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

Offers must not be submitted as .zip, .exe or .com files.

If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure.

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature and must be submitted as a .PDF file.

The cost sheet must be submitted as a separate electronic response file.

3.3.5 Modification or Withdrawal of Quotes or Offers

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

Agency may reject an Offer for any of the following reasons:

• Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

• Offeror fails to meet the responsibility requirements of ORS 279B.110.

• Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Offeror makes any contact regarding this solicitation with State representatives such as

State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Offeror attempts to inappropriately influence a member of the Evaluation Committee.

• Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.3.8 Opening of Offers

There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued.

However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Services to be performed. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non- Responsive to this solicitation and will not be considered further.

3.4.1 Offeror Information and Certification Sheet

The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C). This must be submitted as a .PDF file.

Failure to demonstrate compliance with Oregon Tax Laws and sign the Offeror Information and Certification Sheet will result in a finding of non-Responsibility.

3.4.2 Responsibility Inquiry

Agency will determine if an apparent successful Offeror is Responsible prior to award and execution of the Contract. Offerors shall submit a signed Responsibility Inquiry form

(Attachment F) with Offer.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.4.3 References

Offeror shall provide, on included Attachment D, at least two references from current or former client firms for similar projects performed for any clients within the last five years.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

3.4.4 Costs

Offeror shall provide a separate file stating the price for each deliverable and the total price for the entire Project that is separated by each Rulemaking Project listed in Section

2.4.4. Include a breakdown of all labor, profit and expenses. Please list the billing rates for each Key Member and any additional personnel who will be assisting in providing the requested services.

3.4.5 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

Agency makes no guarantee that information Offeror believes is exempt from disclosure will not be disclosed; Agency has an independent obligation to evaluate whether it believes information is subject to disclosure under the Oregon Public Records Law and is not bound by Offeror’s identification of information as exempt.

By submitting an offer to this solicitation, Offeror grants the State of Oregon a nonexclusive, perpetual, irrevocable, royalty-free, worldwide license for the rights to copy, distribute, display, prepare derivative works of, and transmit the response for the purpose of conducting this Procurement and to fulfill obligations under Oregon Public Records Law.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Offers meeting all Responsiveness requirements will be independently evaluated by members of the Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition.

Evaluators will assign a score for each evaluation criterion listed below in this Section up to the maximum points available as specified in Section 3.9 (Point and Score Calculation).

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

SCORE EXPLANATION

(100%) OUTSTANDING – Offer addresses all prompts and requirements, with no deficiencies or weaknesses.

(90%) EXCELLENT – Offer contains many strengths and only minor weaknesses.

(80%)

VERY GOOD – Offer contains a few minor weaknesses.

(70%)

GOOD – Offer contains some minor weaknesses

(60%) SATISFACTORY – Offer contains some strengths, but with some moderate weaknesses.

(50%)

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

(40%)

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

(30%) WEAK – Offer contains one or two strengths but contains major weaknesses.

(20%)

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

(10%)

RESPONSE OF NO VALUE – An unacceptable Offer that does not meet the requirements set forth in the Solicitation. Offeror has not demonstrated knowledge of the subject matter.

(0%) NO RESPONSE – Offeror did not address the submittal prompt in question.

3.5.2.1 Capabilities and Experience (60 Points Possible)

Offeror shall provide contact information, and brief biographies for key member(s) who will be assigned to perform the requested services, including their associated roles, responsibilities and committed percentage availability. Please provide information that demonstrates that the team has:

• Minimum of five years of proven experience in providing the requested services;

and

• Knowledge and understanding of impact statements.

For each key member listed, Offeror must include a current resume (not to exceed 2 pages) that describes the key members’ qualifications and experience to provide the services.

3.5.2.2 Description of Work Samples (30 Points Possible)

Offeror shall provide a detailed description of a minimum of two previous projects that

Offeror has completed in the last five years, for related services. The projects should be similar in scope, size, and requirements to those described in this solicitation and should also include the key members listed in Section 3.5.2.1.

Project descriptions must at a minimum include the following:

• A detailed overview of each project;

• The type and size of the project;

• Goals and objectives of the project;

• A description of the results;

• Key members assigned and their roles;

• If the projects were completed within estimated budget and schedule or if they required adjustments. Please include an explanation for the adjustments; and

• Any other relevant information regarding the project.

3.6 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Offer (per rulemaking project) the Offer is based upon the percentage of the total proposed cost (per rulemaking project) as compared to the lowest Offeror’s cost using the following formula:

lowest cost of all Offerors X cost points possible = cost score cost being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range;

• Presentations/Demonstrations/Additional Submittal Items;

• Interviews; and/or

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest-ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

3.8.1 Oregon Supplies and Services, Recycled Materials

Agency may, for the purpose of evaluating Offers, apply any applicable preference including those described in ORS 279A.120, ORS 279A.125, and ORS 282.210.

3.8.2 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

TOTAL POINTS POSSIBLE 100

3.5.2.1 Capabilities and Experience 60

3.5.2.2 Description of Work Samples 30

3.4.4 Cost Points Possible 10

3.10 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

If Agency conducts two or more rounds of competition, they will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Offerors participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Offeror with the highest score from the final round will receive the highest final ranking.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Intent to Award

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

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest-ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

4.2.2 Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

4.2.3 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

• Term of the contract;

• Descriptions of goods and services; and

• Compensation.

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

SECTION 5: ADDITIONAL INFORMATION

5.1 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 contracts. All interested businesses are encouraged to submit offers for this contracting opportunity.

5.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency 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.

Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: Business Oregon : Certification Office for Business Inclusion and Diversity (COBID) : Certification Office for Business Inclusion and Diversity (COBID) : State of Oregon

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

5.3 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, 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 https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx 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.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

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

5.6 COST OF SUBMITTING AN OFFER

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

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.8 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

http://www.oregon.gov/DAS

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F RESPONSIBILITY INQUIRY