Gate Tip Fee RFP S-34000-00016527-approved for release.pdf

DAS Procurement Services, Version 4.5 March 31, 2023 Page 1 of 24

STATE OF OREGON

COVER PAGE

Oregon Department of Environmental Quality

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-34000-00016527 for

DETERMINATION OF AVERAGE, QUARTERLY GATE FEE AT

COMMINGLED RECYCLING PROCESSING FACILITIES

Date of Issue: 7/9/2026

Opening Date and Time: 8/10/2026 2:00 PM PT

Single Point of Contact (SPC): Stephanie Brandon, Procurement & Contract Specialist

Address: 700 NE Multnomah St #600 City, State, Zip Portland, OR 97232 Phone (voice) 503-528-4330 E-mail: BIDSDEQ@deq.oregon.gov

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 2 of 24

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

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/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 PROPOSAL DELIVERY OPTIONS

4.5 PROPOSAL MODIFICATION OR WITHDRAWAL

4.6 PROPOSAL DUE

4.7 PUBLIC OPENING

4.8 PROPOSAL REJECTION

4.9 EVALUATION PROCESS

4.10 POINT AND SCORE CALCULATIONS

4.11 RANKING OF PROPOSERS

4.12 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

DAS Procurement Services, Version 4.5 March 31, 2023 Page 3 of 24

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT/PRICE AGREEMENT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

DAS Procurement Services, Version 4.5 March 31, 2023 Page 4 of 24

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Environmental Quality – Materials Management Program, (Agency or DEQ), is issuing this Request for Proposal (RFP) under the provisions of ORS 279B.060 to obtain services of a contractor to determine the average, quarterly gate fee at commingled recycling processing facilities (CRPF) handling Oregon-originated commingled recyclable material.

ORS 459A.923(2)(c) requires DEQ to establish a review process to ensure that the Processor Commodity Risk Fee is being appropriately charged by CRFPs to the producer responsibility organization (PRO) responsible for overseeing the Extended Producer responsibility (EPR) for packaging system created by the Recycling Modernization Act (RMA). To help in the review process, DEQ will be collecting inbound transactional data from each CRPF handling Oregon-originated commingled recyclable material collected to meet Opportunity to Recycle requirements.

One of the biggest reporting categories associated with that inbound transactional data, which will help DEQ with that review process, relates to the gate-tip fees assessed by CRPFs to service providers for every load inbound to a given facility. Per ORS 459A.923(2)(d):

(d) For purposes of calculating the processor commodity risk fee, allow the average fee charged by commingled recycling processing facilities for acceptance of commingled recyclables collected from Oregon to target a price of $0 per ton, expressed on the basis of compensation per ton of delivered material.

Collecting gate-tip fee data from each facility and using that data to determine a statewide average CRPF gate-tip fee will allow DEQ to determine how close or far away the statewide average fee is from the $0/ton target established in statute. The farther away the average fee is from that $0/ton target would indicate to DEQ that the Processor Commodity Risk Fee is not covering operational costs in the manner that it should, as higher gate-tip fees would indicate a need to cover higher operational costs. If the average gate-tip fee is closer to the $0/ton target, that would indicate the fee is being appropriately charged, thus covering operational costs in the manner intended.

CRPFs have been vocal to DEQ and to the PRO (i.e., Circular Action Alliance) that they do not want to provide any financial-related data to either entity. Therefore, to determine the average statewide CRPF gate-tip fee, DEQ seeks to contract with an independent third-party that CRPFs will report gate/tip fee information to on a quarterly basis.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be five years.

The budget for this five-year contract is not to exceed $300,000.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 5 of 24

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference 7/15/2026 1:00 PM

Questions / Requests for Clarification Due 7/20/2026 2:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) 7/24/2026

RFP Protest Period Ends

7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Presentations, Demonstrations, or Interviews TBD

Issuance of Notice of Intent to Award (approx.) 8/31/2026

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

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 only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP under the authority of the Department of Administrative Services (DAS) delegation REQ-DASOBO-00177023 (as amended), Recycling Modernization Act (RMA).

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below. Project specific definitions not found in OAR 125-246-0110 include:

“Commingled recycling processing facility” means a facility that:

(A) Receives source separated commingled recyclable materials that are collected commingled from a collection program providing the opportunity to recycle; and

DAS Procurement Services, Version 4.5 March 31, 2023 Page 6 of 24

(B) Separates the recyclable materials described in subparagraph (A) of this paragraph into marketable commodities or streams of materials that are intended for use or further processing by others.

(b) “Commingled recycling processing facility” does not include:

(A) Scrap metal recycling facilities;

(B) Scrap automotive or appliance recycling facilities;

(C) Full-service redemption centers or dealer redemption centers, as those terms are defined in ORS 459A.700, and recycling facilities owned and operated by a distributor cooperative established under ORS 459A.718;

(D) Recycling facilities handling covered electronic devices, as defined in ORS 459A.305;

(E) Recycling processing facilities that process only noncommingled, source separated recyclable material from commercial entities;

(F) Recycling processing facilities that recover commingled recyclable material primarily from the construction and demolition debris waste stream;

(G) Recycling depots;

(H) Recycling reload facilities; or

(I) Limited sort facilities, as defined by rule by the Environmental Quality Commission.

“Gate fee” means the amount a service provider pays, or gets paid, per ton of solid waste delivered to a facility for treatment or disposal, measured at the point of receipt.

• For the purposes of this work, the gate fee relates to commingled recycling being tipped at a CRPF, which could see a service provider being charged or paid for the tons of material being accepted by the processor.

“Processor” means a person that owns or operates a commingled recycling processing facility.

“Local government’s service provider” means:

(a) A collection service franchise holder under ORS 459A.085;

(b) Any person authorized by a city or county to provide recycling collection services described in subsection (25)(a) to (d) of this section; or

(c) Any person authorized by a metropolitan service district to provide recycling collection services described in subsection (25)(d) of this section.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

DEQ’s mission is to restore, maintain and enhance the quality of Oregon’s air, water and land. DEQ regulates industrial air pollution, conducts vehicle emissions testing, sets and enforces water quality standards, monitors river basins, measures groundwater quality and regulates waste discharges from city sewage treatment and industrial facilities. DEQ also regulates hazardous waste disposal, promotes solid waste reduction, regulates underground storage tanks and enhances environmental cleanup.

Housed within the Agency’s Land Quality division, DEQ’s Materials Management program helps consumers and industry make more sustainable choices for

DAS Procurement Services, Version 4.5 March 31, 2023 Page 7 of 24

Oregon’s future, focusing its work on such subjects as; waste prevention and reuse, lifecycle assessment, recycling, green building, food waste management, and product stewardship; just to name a few.

Project Overview and Background

CRPFs have been vocal to DEQ and to the PRO (i.e., Circular Action Alliance) that they do not want to provide any financial-related data to either entity. Therefore, to determine the average statewide CRPF gate-tip fee, DEQ seeks to contract with an independent third-party that CRPFs will report gate/tip fee information to on a quarterly basis.

Purpose

The contractor providing DEQ with an average, quarterly gate fee at CRPFs will be used in the review process that pursuant to ORS 459A.923(2)(c) will allow DEQ to determine how close or far away the statewide average fee is from the $0/ton target established for the Processor Commodity Risk Fee under ORS 459A.923(2)(d).

The farther away the average fee is from that $0/ton target would indicate to DEQ that the Processor Commodity Risk Fee is not covering operational costs in the manner that it should, as higher gate-tip fees would indicate a need to cover higher operational costs. If the average gate-tip fee is closer to the $0/ton target, that would indicate the fee is being appropriately charged, thus covering operational costs in the manner intended.

2.4 SCOPE OF WORK/SPECIFICATIONS

For each quarter beginning July 1, 2025, and going forward on a quarterly calendar year schedule, contractor will obtain relevant gate fee data from every permitted and certified CRPF accepting and processing Oregon-originated commingled recyclable material. For out-of-state certified CRPFs, processors would only need to provide gate fee data for loads associated with Oregon-originated commingled recyclable material.

Gate fees associated with inbound loads of source segregated recyclable material will not be relevant to this work, as source segregated tons of recyclable material are considered ineligible for the purposes of receiving Processor Commodity Risk Fee funding.

2.4.1 METHODOLOGY

Contractor will work with DEQ on the form(s) and methodology to be used and, subject to DEQ approval, will utilize such form(s) and methodology as follows. At minimum, the contractor will conduct a process where CRPFs provide the contractor with gate fee information for all inbound transactions of commingled recyclable material collected by a local government’s service provider to meet Oregon’s Opportunity to Recycle requirements and tipped at a CRPF. Processing facilities will be required to provide the contractor with this financial-based transactional data at the close of each operating quarter, with data broken up by month and year.

The contractor will then take the quarterly data received and produce an average gate fee for that quarter for that specific facility. Contractor will do this for each permitted and certified facility required to provide such data.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 8 of 24

The average gate fees for each of the reporting facilities will then be used by the contractor to determine what the statewide average quarterly gate fee is related to the Oregon-originated commingled recyclable material collected and processed, which will be communicated to DEQ.

It should be noted that contractor will not provide to DEQ any facility-specific financial-based transactional data used to determine an average gate fee for a specific processing facility. DEQ will only see, and use publicly, the statewide average quarterly gate fee, as determined by the contractor.

DEQ will provide the recycling system’s PRO(s) with this quarterly figure and DEQ may also publish the statewide average quarterly gate fee on a designated DEQ webpage or in another manner similarly available to the public.

2.4.2 FACILITIES REPORTING DATA TO CONTRACTOR

The following facilities will be required to provide quarterly gate fee data to the contractor for this work:

• EFI Recycling (Portland, OR)

• Far West Recycling – Hillsboro (Hillsboro, OR)

• Far West Recycling – Portland (Portland, OR)

• International Paper (Springfield, OR)

• Recology – Samoa Resource Recovery Center (Samoa, CA)

• Republic Services – Salem Recycling Center (Salem, OR)

• Waste Connections – Pioneer Recycling Services (Clackamas, OR)

• Waste Connections – West Vancouver Materials Recovery Center (Vancouver, WA)

• Waste Management – Portland Recycling and Technology Facility (Portland, OR)

• Westrock (Portland, OR)

2.4.3 CONFIDENTIALITY

Contractor must maintain confidentiality of information obtained from CRPFs, and inform DEQ as to how it will manage and protect all confidential business information obtained from CRPFs, including, but not limited to, use of non-disclosure agreements.

2.4.4 SUBMITTAL OF QUARTERLY DATA AND FORM(S) AND SCHEDULE OF

DELIVERABLES

Contractor will work with DEQ on timeline associated with determination of the statewide average quarterly gate fee and the submittal of that quarterly information to DEQ, including the form or manner with which the data will be provided to DEQ. Contractor will provide DEQ the required information consistent with the timeline approved by DEQ.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

There are no minimum qualification requirements for this RFP

DAS Procurement Services, Version 4.5 March 31, 2023 Page 9 of 24

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Executive Summary/Company Profile

• Project Implementation Plan

• Key Persons/Qualifications/Experience and Resumes

• Work Samples/Relevant Examples

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

• Proposer Information and Certification Sheet (Attachment C)

• Reference Form (Attachment D)

• Price Proposal Form (Attachment E)

• COBID Certification / Outreach Plan (Attachment F) (if applicable)

• Responsibility Inquiry (Attachment G)

3.2.2 Reserved

3.2.3 Proposal Format and Quantity

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

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature.

3.2.4 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in

DAS Procurement Services, Version 4.5 March 31, 2023 Page 10 of 24 this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

3.3.1 Executive Summary/Company Profile

Proposal must include an Executive Summary/Company Profile that condenses and highlights the contents of the Proposal, including an overview of the Proposer’s understanding of the contents of the RFP. Include, Proposer’s experience providing similar services, experience working with similar entities that RFP work pertains to, company ownership and number of years in business. Provide location of company headquarters and the location of the office to service the Agency.

3.3.2 Project Implementation Plan

Briefly describe how Proposer would carry out the major activities of this project in context with the Scope of Work, most notably how management of confidential business information will be handled and protected. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the work described in Section 2.4 above (“the Work”). Include a proposed work schedule and timeline that includes specific tasks, deliverables and/or milestones.

3.3.3 Key Persons/Qualifications/Experience and Resumes

Specify key persons, including subcontractors, to be assigned to this project, and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the Work described in this RFP. Include, by individual, a description of their duties and responsibilities for this project, and specify which person or persons will serve as a project manager.

3.3.4 Work Samples/Relevant Examples

Proposer shall submit at least two work samples. Work samples must be current, within the last five years. Work samples must represent work product that is materially similar to this project’s requirements.

For each sample, Proposer shall include:

• A project overview for each project including underlying project type, size, budget, duration and objectives.

• A description of the services provided by the Proposer, including identifying any proposed team members who were responsible for the cited project work and their roles in the project.

• Contact information for the customer. Agency may contact the project contact for additional information.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 11 of 24

• A description of the results and value provided to the customer by the Proposer and whether the services were accomplished within the Proposer’s original estimated budget and schedule or needed to be revised (include succinct explanations for any revisions).

• Any other important and relevant information regarding the project.

3.3.5 Proposer Information and Certification Sheet

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

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

3.3.6 References

Provide at least three references from current or former client firms for similar projects performed for any clients within the last five years on Attachment D. References must be able to 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 use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.3.7 Price Proposal

Submit a detailed Price Sheet (Attachment E), via a separate electronic file, that includes the following items:

• A proposed budget which includes all estimated labor and material costs associated with the project, broken up by proposed task/deliverable.

• Hourly rates to be applied by classification for each Key Person on the project team.

• Estimates of staff hours by person and total costs associated with the accomplishment of each milestone or project deliverable listed in the Offeror’s Project Implementation Plan based on the hourly rates given in the Price Sheet.

Provide a summary of all proposed costs, including a total cost for the project proposed.

• Separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges (if any).

Agency may reimburse travel and other expenses of the Contractor at the rates set forth in the Oregon Accounting Manual (OAM) as of the date Contractor incurred the travel or other expenses. The OAM is available at:

http://www.oregon.gov/DAS/CFO/SARS/policies/oam/40.10.00.pdf

DEQ will work with selected contractor to determine whether payment will be paid on a per-task or per-deliverable basis.

3.3.8 Responsibility Inquiry

DAS Procurement Services, Version 4.5 March 31, 2023 Page 12 of 24

Submit a completed Responsibility Inquiry (Attachment G).

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

• Provide additional description of the project;

• Explain the RFP process; and

• Answer any questions Proposers may have related to the project or the process.

Statements made at the Pre-Proposal conference are not binding upon Agency. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference joining via MS Teams:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/269320083963694?p=OefprDojCYg8WZRVu7

Meeting ID: 269 320 083 963 694

Passcode: Cy2ij6SA

Need help? | System reference

Dial in by phone

+1 503-446-4951,,10133799# United States, Portland

Find a local number

Phone conference ID: 101 337 99#

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

https://oregonbuys.gov/ https://teams.microsoft.com/meet/269320083963694?p=OefprDojCYg8WZRVu7 https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDU5NGY1MzItYTFlMy00ZDFkLThhYTMtMmZmZGYwMjQ2ZjA1%40thread.v2/0?context=%7b%22Tid%22%3a%22aa3f6932-fa7c-47b4-a0ce-a598cad161cf%22%2c%22Oid%22%3a%22fe6fd6c3-006d-4288-8676-f92e3f9876da%22%7d tel:+15034464951,,10133799 https://dialin.teams.cloud.microsoft/6695bda5-c841-4ea8-9531-d54eb9fd5334?id=10133799

DAS Procurement Services, Version 4.5 March 31, 2023 Page 13 of 24

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 submitted via OregonBuys or to BIDSDEQ@deq.oregon.gov.

• 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

If submitting via OregonBuys: Questions can be submitted by navigating to the bid solicitation and entering questions in the Q&A tab.

If submitting to BIDSDEQ@deq.oregon.gov, Offeror will receive an email confirmation that Agency received your question(s). If you don’t receive a confirmation, please contact the SPC.

Email shall:

• Reference the OregonBuys bid number

• Identify Offeror’s name and contact information

• Be sent by an authorized representative

4.4 SOLICITATION PROTESTS

4.4.1 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 proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email to BIDSDEQ@deq.oregon.gov;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, mailto:BIDSDEQ@deq.oregon.gov mailto:BIDSDEQ@deq.oregon.gov mailto:BIDSDEQ@deq.oregon.gov

DAS Procurement Services, Version 4.5 March 31, 2023 Page 14 of 24

Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason.

A Proposal submitted by any means not authorized below will be rejected. The following delivery option is permitted for this RFP:

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in detailed instructions on how to submit a Proposal can be found at OregonBuys Supplier Bid Solicitation Response:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20S olicitation%20Response.pdf

NOTE: Upon successful submission of Proposal in OregonBuys, OregonBuys will send an email confirmation to the Proposer at the email listed in their vendor profile. If Proposer does not receive the email, Proposer should contact OregonBuys Supplier Support immediately at 1-855-5046 or support.oregonbuys@das.oregon.gov for assistance. It’s highly recommended Proposer also contact the SPC.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:support.oregonbuys@das.oregon.gov

DAS Procurement Services, Version 4.5 March 31, 2023 Page 15 of 24

4.8 PUBLIC OPENING

The name of each Proposer will be provided in OregonBuys after the opening date and time stated on the Cover Page. The Contracting Agency will not read offers aloud. 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 125-247-0610.

4.9 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.

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

• 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 persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to 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 Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). 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.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by

DAS Procurement Services, Version 4.5 March 31, 2023 Page 16 of 24 members of an 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 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

4.10.2.1 Evaluation Item 1: EXECUTIVE SUMMARY/COMPANY PROFILE (0 – 10 points possible)

• How well does Proposer understand RFP contents and service Agency is seeking??

• How well does Proposer demonstrate ability to meet RFP requirements?

• How well does Proposer describe experience providing similar services and working with similar entities that RFP work pertains to?

Section 4.10.2.1 Rating Scale Point Range Explanation

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.2.2 Evaluation Item 2: PROJECT IMPLEMENTATION PLAN (0 – 30 points possible)

• How well does Proposer’s approach ensure effective management and coordination of project, including budget and schedule controls and ability to respond and adapt to unexpected challenges that may surface with project?

• How well does Proposer describe their handling, management and protection of confidential business information obtained from commingled recycling

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 24 processing facilities?

• How thorough was Proposer’s proposed work schedule and timeline?

Section 4.10.2.2 Rating Scale Point Range Explanation

23-30

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

16 – 22 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

9-15 ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 8 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.2.3 Evaluation Item 3: KEY PERSONS/QUALIFICATIONS/EXPERIENCE AND RESUMES (0 – 15 points possible)

• How well does Proposer clearly demonstrate the qualifications, experience, and training necessary to successfully complete requested services?

• How well does the proposed project manager demonstrate skills and experience managing projects of similar or greater complexity?

• How well do key team members demonstrate sufficient knowledge, experience and ability to successfully complete the requested services?

• How well does the proposed project team include redundant capabilities among key staff or elsewhere in the proposer’s organization(s), in the event that a key staff person becomes unable to perform or complete the work?

Section 4.10.2.3 Rating Scale

13-15

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 24

9 – 12 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

5-8 ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.2.4 Evaluation Item 4: WORK SAMPLES (0 – 15 points possible)

• How well do the provided Project Work Samples demonstrate Proposer’s capabilities, knowledge and experience?

• Do Proposer’s Project Work Samples demonstrate successful project completion?

• Do Proposer’s Project Work Samples exemplify Agency’s desired outcome for services described in RFP?

Section 4.10.2.4 Rating Scale

13-15

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

9 – 12 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

5-8 ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

4.10.3 PRICE EVALUATION

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

DAS Procurement Services, Version 4.5 March 31, 2023 Page 19 of 24 lowest price of all Proposers X 30 points possible = price score price being scored

4.10.4 PREFERENCES

4.10.4.1 Reciprocal Preference

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

4.10.4.2 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

4.10.4.3 Tiebreakers

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 137-046-0300.

4.11 POINT AND SCORE CALCULATIONS

Points are the total possible value for each section as listed in the table below. Scores are the values assigned by each evaluator.

Each evaluator will assign scores to each evaluation item (A-C) listed in the table below and then sum those scores to arrive at a total score for each Proposal. The SPC will average the total scores for each Proposal (calculated by summing the total points awarded by each evaluator and dividing by the number of evaluators) to determine the final average score for each Proposal. The SPC will add the final average score for each Proposal to the corresponding price score to determine the final scores.

EVALUATION ITEMS MAXIMUM POINTS

POSSIBLE

A 4.9.2.1 Executive Summary/Company Profile 10

B 4.9.2.2 Project Implementation Plan 30

C 4.9.2.3 Key Persons/Qualifications/Experience and Resumes

D 4.9.2.4 Work Samples/Relevant Examples 15

E 4.9.3 Price Evaluation 30

TOTAL POINTS POSSIBLE 100

4.12 RANKING OF PROPOSERS

https://www.naspo.org/reciprocity1

DAS Procurement Services, Version 4.5 March 31, 2023 Page 20 of 24

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

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

4.13 NEXT STEP DETERMINATION

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope of Work described in this RFP.

5.1.2 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.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

DAS Procurement Services, Version 4.5 March 31, 2023 Page 21 of 24

An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer was excluded from a round of competition based upon a competitive range determination, or 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.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative of Proposer;

• Specify the grounds for the protest; and

• Be received within 7 calendar days of the Intent to Award notice.

5.2.2 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.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

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

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last

DAS Procurement Services, Version 4.5 March 31, 2023 Page 22 of 24 submitted W-9 form, if any.

5.3.3 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. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

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

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

5.3.5 Nondiscrimination in Employment

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

5.3.6 Reserved

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract/Price Agreement, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Price Agreement listed below.

However, Agency is not required to make any changes and many provisions cannot be http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

DAS Procurement Services, Version 4.5 March 31, 2023 Page 23 of 24 changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon…