Final Aerial Herbicide RFP.doc

RFP S-62900-00004954 – 2023 Aerial Herbicide- Tillamook & Forest Grove and Astoria Districts

State of Oregon

Cover Page Oregon Department of Forestry (ODF) Aerial Site Preparation and Release for

Tillamook, Forest Grove, and Astoria Districts Request for Proposal (RFP) S-62900-00004954 Date of Issue: 02/23/2023 Closing Date: 03/21/2023 2:00 PM PT Opening Date: 03/21/2023 2:05 PM PT Single Point of Contact (SPC):

Richard Arnaz, Procurement Officer Address:

2600 State Street, Bldg. C City, State, Zip Salem, OR 97310 Phone (voice) 971-283-1080 E-mail:

richard.arnaz@odf.oregon.gov

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

4SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

42.1

AUTHORITY AND METHOD

42.2

DEFINITION OF TERMS

42.3

OVERVIEW

42.4

SCOPE OF WORK

5SECTION 3:

PROCUREMENT PROCESS AND EVALUATION OF PROPOSALS

53.1

PROCUREMENT PROCESS

73.2

PROPOSAL CONTENTS

103.3

OPTIONAL ELEMENTS

113.4

EVALUATION PROCESS

123.5

COST EVALUATION

123.6

PREFERENCES

133.7

POINT AND SCORE CALCULATIONS

133.8

SCORING OF PROPOSERS

13SECTION 4:

AWARD AND NEGOTIATION

134.1

AWARD NOTIFICATION PROCESS

134.2

INTENT TO AWARD PROTEST

144.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

154.4

CONTRACT NEGOTIATION

15SECTION 5:

ADDITIONAL INFORMATION

155.1

COBID PARTICIPATION

155.2

GOVERNING LAWS AND REGULATIONS

165.3

OWNERSHIP/PERMISSION TO USE MATERIALS

165.4

CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

165.5

COST OF SUBMITTING A PROPOSAL

165.6

STATEWIDE E-WASTE/RECOVERY POLICY

165.7

RECYCLABLE PRODUCTS

165.8

CHECKLIST DISCLAIMER

16SECTION 6:

LIST OF ATTACHMENTS

16ATTACHMENT A

SAMPLE CONTRACT

16ATTACHMENT B

AFFIDAVIT OF TRADE SECRET

17ATTACHMENT C

PROPOSER CERTIFICATION SHEET

17ATTACHMENT D

PROPOSER INFORMATION SHEET

17ATTACHMENT E

PROPOSAL COVER SHEET

17ATTACHMENT F

REFERENCE CHECK FORM

17ATTACHMENT G

COST PROPOSAL FORM

17ATTACHMENT H

COBID OUTREACH PLAN

17ATTACHMENT I

PROPOSAL CHECKLIST

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Forestry (“Agency” or “ODF”), is issuing this Request for Proposals (“RFP”) for aerial herbicide services in the Tillamook, Forest Grove, and Astoria districts.

Additional details on the scope of desired services and any incidental goods (collectively “Services”) are included in the Scope of Work section.

Agency anticipates the Award of 1 Contract from this RFP. The initial term of the Contract is anticipated to be 1 year with options to renew up to a maximum of 6 additional years.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

The place of Opening shall be at the address listed on the Cover Page. The RFP may be reviewed prior to Closing at ODF’s office at the address listed on the Cover Page.

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

The Agency is procuring the services pursuant to its authority under ORS 530.050(1), utilizing a Competitive Sealed Proposals method, in accordance with ORS 279B.060 and OAR 137-047-0260.

2.2 DEFINITION OF TERMS

Capitalized terms not specifically defined in this RFP, including Attachment A (Sample Contract), are defined in OAR 125-246-0110. In the event of a conflict, the definitions in this RFP take precedence.

“Agency" means the ODF.

“OregonBuys” means the State of Oregon’s automated procurement system.

“Services” means all work, including any incidental goods, required under the Contract resulting from this Solicitation Document.

2.3 OVERVIEW

2.3.1 Agency Overview and Background

ODF was established in 1911. ODF’s mission is to serve the people of Oregon by protecting, managing, and promoting stewardship of Oregon’s forests to enhance environmental, economic, and community sustainability.

2.3.2 Project Overview and Background

The control of vegetation in recently harvested timber units ensures the successful reforestation of these areas to meet the requirements of the Forest Practices Act and the State Forest Management Plan. ODA wishes to enter into a Contract for Services to control such vegetation.

2.4 SCOPE OF WORK

The purpose of this RFP is to establish a Contract for the furnishing of all labor, including equipment and other incidental goods, necessary to perform aerial herbicide application for the ODF in Tillamook, Forest Grove, and Astoria Oregon, beginning Spring, 2023 and ending Fall, 2023 as laid out in in Attachment A (Sample Contract) (collectively, the Services).

In brief summary, Contractor is to furnish 1 or 2 helicopters with turbine-driven engines maintained according to FAA Standards and a batch truck for each helicopter and all qualified personnel for the aerial spraying of timber harvested units in preparation for tree planting. All aircraft and pilots shall comply with current Federal Aviation Administration, Oregon Department of Aviation, Oregon State Department of Agriculture rules and regulations, and all other applicable laws. Each helicopter shall carry a minimum of 70 gallons of spray material, radios that can interface with ODF communications and provide a GPS receiver to facilitate navigation. Spray booms shall be forward mounted, no wider than the rotors, and capable of ½ boom spray. Aerial spraying equipment shall be capable of disseminating the liquid chemical mixture at a measured rate and swath width. Each batch truck shall have adequate capability to not delay spraying, haul all chemical, and the ability to negotiate forest roads. Contractor will furnish mixing tanks and other equipment necessary to prepare chemical mixtures, to maintain chemicals mechanically in a mixed state, and to load such chemical mixtures into the aircraft specified. Quantities shall be measured as accurately as possible. Contractor shall provide helicopter transport for Agency representative for reconnaissance to delineate spray boundaries, protected resources, or property lines, if required by Agency. Once spraying operations for a project period have commenced, Contractor will be required to have personnel on the project until finished so that no loss of spraying time occurs.

Agency will provide all chemicals, carrier water, maps, photos, shape files, heliport coordinates, and personnel familiar with the work area.

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

SECTION 3: PROCUREMENT PROCESS AND EVALUATION OF PROPOSALS

3.1 PROCUREMENT PROCESS

3.1.1 Public Notice

The RFP, including all Addenda and attachments, is or will be published in OregonBuys at https://oregonbuys.gov/. RFP documents will not be mailed to prospective Proposers.

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

3.1.2 Questions / Requests for Clarification

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 delivered to the SPC via email;

· Reference the RFP number;

· Identify Proposer’s name and contact information;

· Be sent by an authorized representative;

· Refer to the specific area of the RFP 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.

3.1.3 Pre-Proposal Conference

A pre-Proposal conference will not be held for this RFP.

3.1.4 Solicitation Protests

3.1.4.1 Protests to RFP

Prospective Proposer may submit a Written Protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the Sample Contract (Attachment A). This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for Protests of any Addenda.

3.1.4.2 Protests to Addenda

Prospective Proposer may submit a Written Protest of anything contained in any respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.1.4.3 Protests must:

Be delivered to the SPC via email;

Reference the RFP number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

The grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and Evidence or documentation that supports the grounds on which the Protest is based; and State the proposed changes or other relief sought.

3.1.4.4 Protest Response

Agency will respond timely to all Protests submitted by the due date and time listed in the Schedule. Protests that are not received timely or do not include the required information may not be considered.

3.1.5 Proposal Submission

Proposals must be submitted electronically via email to the Single Point of Contact prior to the Closing Date and Time. No oral, telegraphic, telephone, or facsimile Bids will be accepted. The entire Offer must arrive at the email address and by the Closing Date and Time specified on page 1 of this ITB. Email submissions shall be delivered to the Single Point of Contact and shall be identified by the following subject line: RFP S 62900-00004954 Aerial Site Preparation and Release.

3.1.6 Proposal Modification or Withdrawal

Proposals become firm offers for 30 days at the time of Closing, meaning they cannot be modified or withdrawn during that time period.

If a Proposer wishes to withdraw or modify a submitted Proposal, it shall do so prior to Closing. To withdraw a Proposal, the Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 125-247-0440. The notice must include the RFP number and be submitted to the SPC.

Any Proposer who wishes to make modifications to a Proposal already received shall submit its modification in one of the manners listed in the Proposal Submission Options section and must denote the specific change(s) to the Proposal submission.

3.1.7 Proposal Due

Proposal and all required submittal items must be received by the SPC on or before Closing. Proposal received after the Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

3.1.8 Proposal Rejection

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

· 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 in ink.

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

· 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.

· Proposer attempts to inappropriately influence a member of the Evaluation Committee.

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

· The cost is too high. Agency may reject the highest ranking Proposal and move to award to the next subsequent highest ranking Proposal if the prices within the higher ranking Proposal are found to be unreasonably high.

3.1.9 Opening of Proposal

A public Opening will be held on the date and time listed in the Schedule and at the location, stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

3.2 PROPOSAL CONTENTS

3.2.1 Proposal Format

Proposal shall follow the format and reference the sections listed in Section 3.2.2. Responses to each section shall be labeled to indicate the item being addressed.

Proposer shall submit its Proposal using only white 8 ½” x 11” Recycled Paper, without extensive art work, unusual printing, or other materials not essential to the utility and clarity of the Proposal. Proposer shall submit an original, bearing the Proposer’s authorized representative’s Signature, and 2 copies of its Proposal.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the RFP number clearly visible on the outside of the package.

3.2.2 Mandatory Proposal Requirements

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposal sections and pages shall be numbered per the outline below.

3.2.2.1 Proposal Certification Sheet

The Proposer shall complete and submit the Proposal Certification Sheet (Attachment C).

3.2.2.2 Proposer Information Sheet

The Proposer shall complete and submit the Proposer Information Sheet (Attachment D).

3.2.2.3 Proposal Cover Sheet

The Proposer shall complete and submit the Proposal Cover Sheet (see Attachment E).

3.2.2.4 References

The Proposer shall complete and submit the Reference Check Form (Attachment F).

Provide at least 3 references from current or former client firms for similar projects performed for any clients within the last 3 years. References must verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications. Agency may investigate the qualifications of a Proposer, including but not limited to: successful performance of similar services; compliance with specifications and contractual obligations; its completion or delivery of services on schedule; and its lawful payment of suppliers, subcontractors, and workers.

3.2.3 Performance Requirement

Proposer shall respond in writing describing how their Proposal meets the Performance Requirements M-1, M-2, M-3, and M-4 identified below. Proposer shall submit their response to the Performance Requirements in their Proposal within a section clearly marked as “Performance Requirements.” Each Performance Requirement response shall be labeled with the number of the corresponding Mandatory Requirement M-1.1, M-1.2, and M-1.3 etc.

M-1: Proposer Experience. Proposer shall have a minimum of three (3) years experience in aerial herbicide application using rotary wing aircraft in forest environments.

M-2: Pilot Requirements:

PILOT REQUIREMENTS. Each pilot shall have flight time and experience as pilot in command with the following minimum amounts as substantiated by pilot log book:

M-2.1:

Helicopter time 1,500 flight hours

M-2.2:

Helicopter turbine 250 flight hours

M-2.3:

Operations over typical terrain and 500 flight hours landing situations

M- 2.4:

In make and model to be used 100 flight hours on this contract

M-2.5:

Hours during preceding 60 days to 10 flight hours flight in make and model to be used on this contract

M-2.6:

Hours of forest spraying with 100 flight hours helicopters

M-2.7:

Take offs and landings at typical altitudes and helispots M-3:

Each pilot shall be able to furnish for inspection any appropriate certificate or license while operating by contract or agreement with Agency. Pilot must have a valid Oregon Pesticide Applicator License.

M-4:

Complete Cover Sheet -Pilot and Applicator License Information sheet (Attachment E)

M-4.1 A list of potential pilots and their experience must be shown on the Pilot Qualifications (Attachment E).

M-4.2 GROUND PERSONNEL. Contractor shall furnish experienced personnel. ODF may require a minimum a Pesticide Trainee License for mixing chemicals (Applicator License Information- Attachment E), loading chemicals into aircraft, driving and operating ground equipment, and for maintaining and servicing of ground and aerial equipment.

3.2.4 Cost Proposal

Submit a completed Cost Proposal Form (Attachment G).

Proposers must submit unit pricing on every item within the Cost Proposal to receive Award consideration. Proposers shall provide all pricing in US funds. Proposal prices shall be firm for a period of 180 days from the deadline for Proposal submission.

3.3 OPTIONAL ELEMENTS

3.3.1 Affidavit of Trade Secret

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.401), Proposer shall complete and submit the Affidavit of Trade Secret (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.401) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

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

3.3.2 Description of Desired Elements

Proposer may describe how they meet or exceed the Desirable Element D-1, D-2, D-3. Proposer shall submit their response to the Desirable Elements in their Proposal within a section clearly marked as “Desirable Elements” each Desirable Element response shall be labeled with the number of the corresponding Desirable Element D-1, D-2, D-3.

D-1:

PROPOSER EXPERIENCE

How many years has your company been doing business similar to that described in the Scope of Work?

What is the approximate number of projects, acres, similar to that described in the Scope of Work, completed by your company in the last 3 years and who were your clients? Please list by year.

In the last 3 years has your company ever had a violation of the Forest Practices Act (FPA), violation of pesticide application regulations, or Federal Aviation Administration (FAA) regulations? If yes please explain.

In the last 3 years has your company had their commercial pesticide operating license suspended? If yes please explain.

Are there any additional comments you would like to add about your experience?

D-2:

Proposer’s approach and plans to meet the requirements of the RFP.

What equipment (aircraft/batch trucks/communications/GPS mapping/nozzles/etc.) and capabilities do you have that will be made available for this project? Refer to “Scope of Work” (Section 2.4 of the RFP) and “Statement of Services” (Sample Contract (Attachment A)).

What do you estimate to be your average daily production rate/given good weather?

Have you ever had a project delayed due to equipment breakdown/for how long?

How do you assure quality of the chemical mixing, application rate, and application location?

Are there any additional comments you would like to add about your approach and plans to meet the requirements of the RFP?

D-3:

Key Persons’ qualifications (education, degrees, experience, certifications).

List the Key Persons, as well as their training and experience (applicators’ licenses, years of experience with this type of work, years of experience with your company, degrees, certifications, etc). “Key Persons” means all staff that will be available for this project, including, but not limited to, Pilot, Batch Truck Driver, and Ground Personnel.

3.4 EVALUATION PROCESS

3.4.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with Section 3.2.2. 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, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.4.2 Evaluation Criteria

Proposals that are determined to be Responsive in accordance with Section 3.4.1 and determined to be submitted by a Responsible Proposer will be evaluated by an Evaluation Committee. Evaluators will either Pass/Fail or assign a score for each evaluation criterion as listed below in this section.

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

3.4.2.1 Evaluation Item 1 – Performance Requirements (Pass/Fail) Performance Requirements are evaluated as either Pass or Fail, based on Proposer’s written response to the Performance Requirements. A Proposal that provides an incomplete Written response or that provide a response that does not give confirmation of the Proposer’s ability to meet or exceed any Performance Requirement will fail the Performance Requirements section, will be deemed non-responsive and will not be considered for further evaluation.

3.4.2.2 Evaluation Item 2 – Desirable Elements (Scored)

The Evaluation Committee shall assign points in its evaluation of Desirable Elements as follows:

Points Possible Point Basis 30 Proposer’s experience in providing requested supplies and services (D-1)

Proposer’s approach and plans to meet the requirements of the RFP (D-2)

Key Persons’ qualifications (education, degrees, experience, certifications) (D-3) Desirable Elements are those which add value to the Proposal over and above the Mandatory Requirements. Each Desirable Element is assigned a maximum number of points for evaluation purposes. The number of points possible is indicated next to each element. The Evaluation Committee will award a point value to each Desirable Element response. If a Proposer fails to include a response to a desired element, the Proposer shall receive a score of 0 for that item.

D-1:

PROPOSER EXPERIENCE- (Up to 30 Points Possible);

D-2:

Proposer’s approach and plans to meet the requirements of the RFP (Up to 25 points possible); and D-3:

Key Persons’ qualifications (education, degrees, experience, certifications) (Up to 25 points possible).

3.5 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a cost score to each Cost Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

cost being scored

3.6 PREFERENCES

3.6.1 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Offeror of the Proposer's state.

3.6.2 Tiebreakers

Oregon Supplies: If Agency receives Proposals identical in price, 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.

3.7 POINT AND SCORE CALCULATIONS

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

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

3.8 SCORING OF PROPOSERS

SPC will score all Responsive Proposals. 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) and adding the final cost points.

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 Proposer(s) based upon the scoring methodology and process described in section 3. Agency may award less than the full Scope defined in this RFP.

4.1.2 Intent to Award Notice

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

4.2 INTENT TO AWARD PROTEST

4.2.1 Protest Submission

An Affected Offeror shall 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 Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

· All higher ranked Proposals are non-Responsive.

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

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

If Agency receives only one Proposal, Agency may dispense with the intent to award protest period and proceed with Contract Negotiations and award.

4.2.1.1 Protests must:

· Be delivered to the SPC via email;

· Reference the RFP number;

· Identify prospective Proposer’s name and contact information;

· Be signed by an authorized representative;

· Specify the grounds for the Protest; and

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

4.2.2 Response to Protest

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

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3.1 Insurance

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

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

4.3.2 Taxpayer Identification Number

The apparent successful Proposer 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), or

· When the backup withholding status or any other information of Proposer 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.

4.3.3 Business Registry

If selected for Award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer 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.

4.4 CONTRACT NEGOTIATION

4.4.1 Negotiation

Proposer shall review the attached Sample Contract (Attachment A) and note exceptions. Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Proposer is cautioned that Agency believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Proposal 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.

SECTION 5: ADDITIONAL INFORMATION

5.1 COBID PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, Agency encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. Agency also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information please visit http://www.oregon.gov/gov/MWESB/Pages/index.aspx If the Contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed COBID Outreach Form (Attachment H) prior to execution.

5.2 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 from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the property of Agency. By submitting an 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 an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.410 through 192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency 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 Agency, as determined by Agency. Neither the State nor Agency 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.

5.5 COST OF SUBMITTING A PROPOSAL

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

5.6 STATEWIDE E-WASTE/RECOVERY POLICY

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recover Policy effective July 1, 2012.

5.7 RECYCLABLE PRODUCTS

Proposer 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)

5.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

AFFIDAVIT OF TRADE SECRET

ATTACHMENT C

PROPOSER CERTIFICATION SHEET

ATTACHMENT D

PROPOSER INFORMATION SHEET

ATTACHMENT E

PROPOSAL COVER SHEET

ATTACHMENT F

REFERENCE CHECK FORM

ATTACHMENT G

COST PROPOSAL FORM

ATTACHMENT H

COBID OUTREACH PLAN

ATTACHMENT I

PROPOSAL CHECKLIST