Hearing_Officer_Services.pdf

REQUEST FOR PROPOSAL

HEARING OFFICER SERVICES

(NO. 2026.087-RFP)

FOR

Washington County, Oregon

RELEASE DATE: September 9, 2026 DEADLINE FOR QUESTIONS: September 28, 2026

RESPONSE DEADLINE: September 30, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/washington-county-or

Hearing Officer Services

1. Request for Proposals

2. Introduction

3. Overview and Purpose

4. Evaluation Phases

5. Evaluation and Award Process

6. Instructions to Proposers

7. Terms and Conditions

8. Federal Compliance Requirements

9. Vendor Submissions

Attachments:

A - 1.28.2026_PP_SERVICES_CONTRACT_MASTER

B - 2022-ATTACHMENT-C

Hearing Officer Services

1. 1. Request for Proposals

(No.2026.087-RFP)

Washington County, Oregon is requesting proposals from qualified firms to provide Hearing Officer Services.

Proposals must be received by 2:00 pm Wednesday, September 30, 2026.

The County may reject any proposal not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all proposals upon a finding by the County it is in the public interest to do so.

A copy of the Request for Proposal document is posted on https://procurement.opengov.com/portal/washington-county-or. Proposal documents can be viewed and downloaded from the site. The County’s electronic solicitation portal can also be accessed at www.washcopurch.com/biz. Proposer is responsible for checking the site for any addendums before submitting their proposals.

Washington County reserves the right to reject any and all proposals and to waive any and all informalities in the best interest of the County.

Danielle Howard, Procurement Analyst II

Posted to: Wednesday, September 9, 2026 OregonBuys https://www.washcopurch.com/biz

Hearing Officer Services

2. 2. Introduction

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

1. 2.1. Summary

The Housing Authority of Washington County (HAWC), within the Department of Housing Services (DHS), is requesting proposals from qualified individuals or firms to provide Hearing Officer services.

The Hearing Officer will be responsible for conducting fair and impartial hearings and reviews and rendering reasonable decisions based upon the evidence presented, applicable laws and federal requirements, and current DHS and HAWC policies and procedures.

Services will be provided on an as-needed basis for HAWC and DHS programs, properties, and services, including certain services administered by contracted provider agencies.

2. 2.2. Contact Information

Danielle Howard Procurement Analyst II 155 North First Ave

MS-28

Hillsboro, OR 97124 Email: danielle_howard@washingtoncountyor.gov Phone: (503) 846-8757 Department:

Housing Authority

3. 2.3. Timeline

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

Date of Legal Advertisement September 9, 2026

Question Submission Deadline September 28, 2026, 5:00pm mailto:danielle_howard@washingtoncountyor.gov tel:(503)846-8757 https://secure.procurenow.com/portal/washington-county-or

Hearing Officer Services

Submittals Due September 30, 2026, 2:00pm

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3. 3. Overview and Purpose

1. 3.1. Scope of Work

The selected Hearing Officer will provide impartial hearing and review services for applicants, participants, tenants, and residents involved with HAWC and DHS programs and services.

The work may include:

A. Conducting impartial hearings, reviews, grievances, and appeals involving applicants, participants, tenants, and residents of HAWC and DHS programs.

B. Conducting tenant-related grievances and hearings for HAWC programs and properties.

C. Conducting participant-related grievances and hearings for DHS programs, properties, and services, including services provided by contracted provider agencies when a matter remains unresolved following the contracted agency’s grievance process.

D. Conducting hearings and reviews that may involve Public Housing grievances and appeals; Housing Choice Voucher (HCV) Program terminations and denials; Special Purpose Voucher programs; Regional Long Term Rental Assistance programs; Section 504 reasonable accommodation denials; local housing programs; affordable housing portfolio matters; civil rights and differential treatment complaints; program terminations and denials; reasonable accommodation matters; relocation disputes; and other applicable DHS and HAWC programs, properties, or services.

E. Reviewing case documentation, evidence, policies, correspondence, and other relevant information submitted by DHS, HAWC, contracted provider agencies, and the applicant, participant, tenant, or resident.

F. Directing, coordinating, and facilitating all phases of the informal hearing or review process and ensuring proceedings are conducted in a professional, respectful, and impartial manner.

G. Safeguarding applicable due process rights, including applicable rights related to representation and the presentation of evidence and statements during the hearing.

H. Researching and applying relevant laws, federal requirements, HUD regulations, and current DHS and HAWC policies and procedures applicable to each case.

I. Reviewing relevant contracted provider or subrecipient policies, when necessary, to determine whether applicable grievance procedures and program requirements were followed.

J. Analyzing evidence presented during the hearing or review to determine whether the decision or action taken by DHS, HAWC, or a contracted provider agency complies with applicable laws, regulations, policies, and procedures.

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K. Taking and maintaining appropriate notes and records of hearings and reviews in accordance with applicable requirements.

L. Preparing clear written decisions that summarize the relevant facts and findings, identify the determination reached, and explain the rationale for upholding or overturning the decision or action under review.

M. Providing a signed written decision to DHS or HAWC within ten (10) business days following each hearing, or within another timeframe required by the applicable program or mutually agreed upon by DHS or HAWC.

N. Maintaining the confidentiality of all parties and witnesses and securely protecting personally identifiable information, case documentation, hearing records, and other confidential information in accordance with applicable privacy requirements.

2. 3.2. Hearing Procedures and Applicable Requirements

A. The Hearing Officer will use the most current laws, regulations, policies, procedures, contracts, and other governing authorities applicable to the program involved in each hearing or review.

B. For Housing Choice Voucher matters, the Hearing Officer will refer to the current HAWC Administrative Plan, including applicable informal hearing and review requirements, and applicable federal regulations, including 24 CFR § 982.555.

C. For DHS or HAWC programs that are not governed by Housing Choice Voucher regulations or the HAWC Administrative Plan, the Hearing Officer will use the appropriate program-specific policies, procedures, contracts, regulations, and other governing authorities.

D. The Hearing Officer is expected to remain current on applicable requirements throughout the contract period.

3. 3.3. Hearing Scheduling and Format

The Hearing Officer will:

A. Schedule hearings within ten (10) days of notification of the need for a hearing, when required and practicable under the applicable program requirements.

B. Coordinate with designated DHS or HAWC staff regarding scheduling, documentation, and other administrative matters necessary to conduct the hearing.

C. Conduct hearings virtually unless DHS or HAWC determines that another format is necessary or appropriate.

D. Participate remotely when DHS provides an applicant, participant, tenant, or resident with office space or technological assistance needed to participate in a virtual hearing.

E. Maintain sufficient availability and responsiveness to meet hearing and written-decision timelines.

Hearing Officer Services

4. 3.4. Minimum Qualifications

Respondents must demonstrate the ability to perform the services described in this RFP and must meet the following minimum criteria:

A. Experience conducting administrative hearings, reviews, grievances, appeals, or similar adjudicative processes.

B. Familiarity with HUD regulations, Housing Choice Voucher program requirements, housing programs, social service programs, or demonstrated ability to quickly learn the applicable requirements.

C. Ability to research, interpret, and apply federal requirements, laws, regulations, policies, procedures, and program requirements.

D. Strong analytical and decision-making skills.

E. Strong written and verbal communication skills, including the ability to prepare clear, well-supported written decisions.

F. Ability to conduct hearings professionally and respectfully with individuals from diverse backgrounds and circumstances.

G. Ability to remain neutral and unbiased in all proceedings.

H. Ability to appropriately safeguard confidential and personally identifiable information.

I. No actual or apparent conflicts of interest that would interfere with the independent performance of Hearing Officer responsibilities.

5. 3.5. Proposal Submission Requirements

Proposals must include:

A. A cover letter summarizing the respondent’s interest and relevant experience.

B. A description of qualifications and expertise related to administrative hearings, reviews, grievances, appeals, HUD programs, housing programs, or other relevant programs.

C. A description of experience interpreting and applying laws, regulations, policies, and procedures when making administrative or adjudicative decisions.

D. A description of the respondent’s approach to maintaining impartiality, confidentiality, and procedural fairness.

E. The respondents proposed fee structure and billing practices, including hourly rates and any other applicable charges.

F. Proposed availability for hearings.

G. Expected turnaround time for written decisions.

H. At least two professional references.

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I. Disclosure of any actual or potential conflicts of interest.

J. Any additional information the respondent believes demonstrates their ability to successfully perform the requested services.

K. Submissions must not exceed five (5) pages.

6. 3.6. Evaluation Criteria

Proposals will be evaluated based on factors including:

A. Relevant hearing, review, grievance, appeal, or adjudicative experience and qualifications.

B. Demonstrated understanding of HAWC, DHS, HUD, housing, and/or related program responsibilities.

C. Ability to research, interpret, and apply applicable laws, regulations, policies, and procedures.

D. Demonstrated ability to remain impartial and provide clear, well-supported written decisions.

E. Quality, completeness, and clarity of the proposal.

F. Cost effectiveness and reasonableness of the proposed fee structure.

G. Availability, responsiveness, and ability to meet required timelines.

H. Professional references.

I. Identification and management of any actual or potential conflicts of interest.

7. 3.7. Compensation and Invoicing

A. The selected Contractor will be compensated according to the fee structure established through the resulting contract.

B. The Contractor will only be compensated for authorized services requested by HAWC or DHS and actually performed by the Contractor.

C. The Contractor shall carry the title "Hearings Officer". However, it is expressly understood and agreed that Contractor, in carrying out the services to be provided, is acting as an independent contractor and is not an employee of the County and, as such, accepts full responsibility for taxes or other obligations associated with payment for services. As an independent contractor, Contractor will not receive any benefits normally accruing to County employees unless required by applicable law.

D. Invoices must provide sufficient detail to identify the services performed and must comply with the invoicing and payment requirements established in the resulting contract.

E. Additional requirements related to allowable hours, cancellation or no-show compensation, invoice submission deadlines, and other payment terms will be established in the final contract, as applicable.

Hearing Officer Services

8. 3.8. Confidentiality and Records

A. The Contractor must maintain the confidentiality of applicants, participants, tenants, residents, witnesses, and other individuals involved in hearings or reviews.

B. All personally identifiable information, case documentation, hearing records, written decisions, and other confidential information must be securely maintained and handled in accordance with applicable federal, state, local, DHS, and HAWC requirements.

C. Records created or maintained as part of the contracted services must be provided, retained, or disposed of in accordance with applicable contract and records-management requirements

Hearing Officer Services

4. 4. Evaluation Phases

Proposal not to exceed five (5) pages.

1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Page Count Proposal is within the designated page count of five (5) pages, maximum.

Pass / Fail 10 (8.7% of Total)

2. Relevant Experience & Qualifications – 25 points

• Describe your experience conducting administrative hearings, grievances, appeals, or other adjudicative processes.

• What experience do you have working with HUD regulations and Housing Choice Voucher program requirements?

• Describe any relevant experience you have with housing programs, social services, or related fields.

• Provide examples demonstrating your ability to research, interpret, and apply laws, regulations, policies, and procedures in prior work.

0-5 Points 25 (21.7% of Total)

3. Demonstrated Understanding of Program Requirements – 15 points

• Explain your understanding of due process requirements as they relate to administrative hearings.

• Describe your knowledge of hearing procedures and governing authorities, including 24 CFR §

982.555 for Housing Choice Voucher matters.

• How do you ensure compliance with HAWC, DHS, HUD, and other program-specific requirements?

0-5 Points 15 (13% of Total)

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4. Impartiality, Professional Conduct, & Confidentiality Approach – 15 points

• Describe your approach to ensuring impartiality and fairness during hearings.

• What steps do you take to maintain confidentiality and safeguard personally identifiable information?

• Please explain how you avoid conflicts of interest and maintain ethical conduct in your adjudicative work.

N/A N/A

5. Quality, Clarity, and Completeness of Proposal

– 10 points

• How do you ensure that your written submissions, reports, or proposals are clear, organized, and comprehensive?

• Have you included all required components (cover letter, qualifications, references, fee structure, etc.)? Please briefly summarize them here.

• Describe your typical approach to presenting professional written materials.

N/A N/A

6. Written Decision-Making Ability – 10 points

• Provide a sample written decision or describe your process for drafting clear, well-supported written decisions.

• How do you ensure your decisions reflect strong analytical reasoning and structured writing?

N/A N/A

7. Availability & Responsiveness – 10 points

• What is your proposed availability for conducting hearings?

• Describe your ability to meet required turnaround times for written decisions.

• Explain how you typically coordinate with administrative staff and respond to scheduling needs.

N/A N/A

8. Cost Effectiveness & Fee Structure – 10 points

• Please outline your hourly rate, billing practices, and any additional costs.

• Explain how your fee structure is transparent, reasonable, and aligned with typical market rates.

• Are there any cost-saving approaches you employ without reducing quality?

N/A N/A

Hearing Officer Services

9. Professional References – 5 points

• Provide references relevant to hearing work, adjudicative functions, or similar roles. Minimum of one (1) reference is required. Maximum of three (3) references total.

• If available, summarize any feedback you’ve received from previous clients or agencies regarding your performance.

N/A N/A

2. Phase 3

No. Evaluation Criteria Scoring Method Weight (Points)

1. Interviews (If Necessary) Top scoring proposers may be selected for interviews. If oral interviews are determined to be necessary, the scores from the written proposals will be considered preliminary. Final scores will be determined based on the points assigned to the interview process added to the preliminary scores.

0-5 Points 25 (100% of Total)

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5. 5. Evaluation and Award Process

1. 5.1. Clarifications

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

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

2. 5.2. Interviews

Top scoring proposers may be selected for interviews. If oral interviews are determined to be necessary, the scores from the written proposals will be considered preliminary. Final scores will be determined based on the points assigned to the interview process.

3. 5.3. References

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

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

4. 5.4. Period Proposal Validity

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

5. 5.5. Acceptance, Rejection and Cancellation of Award

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

This RFP does not commit the County to award a contract or to pay any costs incurred by respondents. Washington County reserves the right to cancel award of this contract at any time before execution of the contract if cancellation is deemed to be in the County's best interests. In no event shall the County have any liability for the cancellation of the award. All costs of the

Hearing Officer Services proposal process, interviews, contract negotiations, and related expenses are the responsibility of the proposer.

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

6. 5.6. Award Recommendation

The notice of intent to award will be posted on the County's Procurement Portal website at least seven (7) days before the award of the contract. See PROTESTS AND JUDICIAL REVIEW OF CONTRACT AWARD below for protest of award.

The decision by the Board or the County Administrator to award the contract shall constitute the final decision of the County to award the contract.

7. 5.7. Inspection of Proposals

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

Copies of material from proposal files may be obtained from the Washington County Procurement Division upon payment of a charges based upon the current County Fee Schedule.

Prepayment is required for providing materials from the proposal files.

8. 5.8. Protests and Judicial Review of Contract Award

Purpose. The award by the Washington County Board of Commissioners of the contract shall constitute a final decision of the County to award the contract if no written protest of the award is filed. A proposer may protest the award of a contract, or the intent to award of a contract, whichever occurs first, if the conditions set forth in ORS 279B.410(1) are satisfied. A proposer must file a written protest with the County and exhaust all administrative remedies before seeking judicial review of the County's contract award decision.

Delivery. A proposer must deliver a written protest to the Washington County Procurement Manager within seven (7) days after issuance of the notice of intent to award the contract.

Content of Protest. A proposer’s written protest shall specify the grounds for the protest to be considered pursuant to ORS 279B.410(2). Proposer may not protest the content of specifications in an award protest. Proposers may protest only deviations from laws rules, regulations, or procedures including procedures set out in this RFP. Disagreement with the scoring by the Selection Committee is not a basis for protest. Protests must specify the grounds for the appeal including the specific citation of law, rule, regulation, or procedure upon which the protest is based.

County Response.The County shall not consider a proposer’s contract award protest submitted after the timeline established for submitting such protest. The County shall issue a written disposition of the protest in a timely manner as set forth in ORS 279B.410(4). If the County upholds the protest, in whole or in part, the County may in its sole discretion either award the

Hearing Officer Services contract to the successful protestor or cancel the procurement or solicitation. The County shall not consider any protest against award based on the content of specifications.

Judicial Review. Judicial review of the Board’s or its designee’s decision relating to a contract award protest shall be in accordance with ORS 279B.415.

9. 5.9. Negotiation with Awarded Contractor(s)

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

10. 5.10. Contract Term

A. The term of the contract will be Initial contract term will be two years, with the option to renew for up to five years.

B. Changes in the term of the contract are allowed if agreed upon by both parties and not to exceed 5 years.

C. The maximum term of the contract will be five years.

D. The estimated expenditure for the contract is approximately $50,000.

E. Actual expenditures may be more or less depending on actual requirements.

11. 5.11. Contractor's Responsibility

A. It is understood that the specifications and other contract documents do not purport to control the method of performing the work, but only the requirements as to the nature of the completed work.

B. The contractor assumes the entire responsibility for the method of performing the work.

Suggestions as to the method included in the contract documents shall be deemed advisory only and the feasibility of such methods, or the lack thereof, shall not affect the contractor’s liability, or status as independent contractor, and contractor will remain responsible for the cost of all permits unless otherwise specified.

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6. 6. Instructions to Proposers

1. 6.1. Deadline Disclaimer

It is the responsibility of the responder to upload and submit their electronic response before the deadline date and time approaches as posted on the County's Procurement Portal. Allow for a sufficient amount of time for the bid entry/document upload process in order to ensure timely submission.

Make sure that all documents are uploaded as soon as possible well in advance of the deadline.

The County's Procurement Portal will close promptly at the deadline date and time. All responses must be submitted, not in process, by that time…no exceptions are allowed.

Please note the system will accept Google Docs or Google Pages, but they are not readable by the County. DO NOT upload your response using a Google product.

2. 6.2. Precedence of Proposal Documents

The order of precedence of documents is as follows:

A. Instructions to Proposers B. Contract Terms & Conditions (from attached sample contract) C. Terms and Conditions D. Project Details/Scope of Work

3. 6.3. Communication

Communication regarding this solicitation between a potential or actual Proposer and any Washington County staff, evaluation team member or any individual who has been in attendance during discussions regarding the scoring of proposals is strictly prohibited, all questions must be directed to the Procurement Division staff. These types of communication are prohibited from the time the Request for Proposals (RFP) is advertised until the award of a contract to the proposer selected. Failure to abide by this may be grounds for disqualification.

4. 6.4. Copies of Proposal Documents

Documents obtained from sources (such as directly from other contractors) other than the County's Procurement Portal are not valid proposal documents. It is the proposer's responsibility to ensure they are following a particular project on the County's Procurement Portal in order to receive notification of all addenda as well as additional relevant information.

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5. 6.5. Questions and Answers

Enter all questions regarding the meaning or intent of the solicitation into the questions area of the solicitation in the County's Procurement Portal.

6. 6.6. Specification Protest Process

Delivery:A proposer must deliver a protest of specifications to the County in writing no later than seven (7) calendar days prior to the proposal due date as follows:

Specification Protest Proposal#: 2026.087-RFP Washington County Procurement Division ATTN: Procurement Manager 155 North First Avenue, Suite 270 MS 28 Hillsboro, Oregon 97124-3072

Content:A proposer’s written protest must include:

A detailed statement of the legal and factual grounds for the protest; description of the resulting prejudice to the proposer; and a statement of the form of relief requested or any proposed changes to the specifications.

County Response: The County may reject without consideration a proposer’s protest received after the deadline established for submitting protest. The County shall provide notice to the applicable proposer if it entirely rejects a protest. If the County agrees with the proposer’s protest, in whole or in part, the County shall either issue an addendum reflecting its determination or cancel the solicitation.

Extension of Closing: If the County receives a written protest from a proposer in accordance with this rule, the County may extend closing if the County determines an extension is necessary to consider the protest and to issue addenda, if any, to the solicitation document.

Judicial review of the County’s decision relating to a specification protest shall be in accordance with ORS 279B.405.

7. 6.7. Phone Proposals, Late Proposals or Modifications

Late proposals or modifications of proposals will be handled in the following manner:

It is the sole responsibility of the Proposer to ensure the proposals are uploaded to the system by the specified time. The system will not allow Proposers to upload after this time and the proposal will not be considered.

Any modification of a proposal is subject to the same conditions set forth above.

Proposals will not be accepted via Phone, E-mail or FAX.

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8. 6.8. Interpretations and Addenda

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

A. Interpretations or clarifications considered necessary in response to such questions will be posted as addenda or in Questions and Answers in the County's Procurement Portal.

Bidders will be solely responsible to check for all addenda or questions and answers, if any, from the Procurement Portal prior to submitting their response.

B. Questions received after Monday, September 28, 2026 will not be answered unless the County determines, in its sole discretion, it is in the public’s best interest to do so.

C. Formal addenda and answers to questions posted in the Question and Answer section are made part of this solicitation and will be binding. Oral and other interpretations or clarifications will be without legal effect.

D. Written addenda may also be issued to modify the bid documents at the discretion of the County.

E. Receipt of addenda must be acknowledged on the County's Procurement Portal.

F. All questions pertaining to this bid shall be addressed only through the County's

Procurement Portal. Do not contact any other Washington County staff, employee or official regarding this bid. Communication between bidder and any County staff is prohibited from the time the bid is advertised until the award of a contract to the bidder selected by the County.

G. After opening proposals, the County may issue or electronically post an addendum to the request for proposals that modifies the criteria, rating process and procedure for any tier of competition before the start of the tier to which the addendum applies.

H. The County shall send an addendum that is issued by a method other than electronic posting to all proposers who are eligible to compete under the addendum. The County shall issue or post the addendum at least five days before the start of the subject tier of competition or as the County otherwise determines is adequate to allow eligible proposers to prepare for the competition in accordance with County rules.

9. 6.9. Guidelines for Proposal Submittal and Receipt

To be considered for this contract, each proposer must enter its complete proposal per the Vendor Submission Section to the County's Procurement Portal.

Proposals must be uploaded by 2:00 pm Wednesday, September 30, 2026. The system will not allow late uploads. Allow plenty of time to ensure your upload is successful. Slow or malfunctioning internet shall not be an acceptable reason for late submissions. After uploading documents responders are encouraged to open and review uploaded documents to verify that they can be opened and are the correct documents before submitting. If the County cannot open any of the documents submitted the entire proposal will be disqualified.

Proposers are required to submit any proposal forms furnished in this RFP document. Please retain a copy for your records.

Each submittal shall contain the following:

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• Any proposal response forms listed in the Attachment Section.

• Responses, Certifications, or Agreements required in this solicitation.

• Proposers shall provide a copy of any contracts, licensing agreements, or other documents that the County will be asked to sign if they are the chosen contractor. These do not count against the page limit.

• Failure to submit any of the required items may be grounds for rejection of the proposal.

https://secure.procurenow.com/portal/washington-county-or/projects/300371/document?section=2880777

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7. 7. Terms and Conditions

1. 7.1. Laws and Regulations

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

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

2. 7.2. Recycled Materials and Sustainable Products and Processes

A. Contractor is encouraged to use recycled and recyclable products to the maximum extent economically feasible during the performance of the Contract.

B. Washington County prefers materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

C. Washington County supports and encourages the use of sustainable products by the Contractor. To contribute to a clean environment for present and future generations, Contractor shall utilize sustainable products to the maximum extent feasible during the performance of this Contract.

3. 7.3. Proprietary Information, Ownership and Use of Documents

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

B. The County is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the County to disclose all records generated or received in the transaction of County business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS

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

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

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

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

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

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

E. Where such conflict occurs, the Proposer is instructed to respond with the following:

“Refer to confidential information enclosed.” This statement shall be inserted in the place where the requested information was to have been placed.

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

G. Notwithstanding the above procedures, the County reserves the right to disclose information that the County determines, in its sole discretion, is not exempt from disclosure or that the County is directed to disclose by the County’s Attorney, the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the County will notify the Proposer. If the Proposer disagrees with the County’s decision, the County may, but is not required to enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

4. 7.4. Rights of the County

The County expressly reserves the following rights:

A. To waive irregularities in the proposals submitted.

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

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

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

E. To negotiate contract terms and conditions.

5. 7.5. Subcontractor Payment Reporting

A. Contractor shall report payment information and utilization data for subcontractors that perform any services, using a County-designated online reporting system. As of the effective date of this contract, such system is accessible at:

https://washcopurch.mwdbe.com/?TN=washcopurch. Contractor must log in to an account in the system in order to submit reporting information. Reporting information must be submitted at least once monthly, concurrent with Contractor’s invoice submission, or on such other frequency as the Project Manager may require. Contractor https://washcopurch.mwdbe.com/?TN=washcopurch

Hearing Officer Services must designate a representative to administer the reporting function and be a point of contact for the County.

B. Progress payment requests, except the first request, shall include the Contractor’s verification that Subcontractor payment data and workforce data (if applicable) for all tiers have been entered into the County’s online reporting systems

6. 7.6. Qualifications, References and Responsible Proposer

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

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

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

7. 7.7. Social and Lawful Fairness in Access and Treatment

A. In order to promote economic growth, the County seeks to maximize the participation of consultants, partners, contractors, and suppliers with varied experience and backgrounds throughout the duration of the project.

B. Working in a way that promotes the empowerment of individuals, organizations, and communities most affected by unlawful fairness in access and treatment is a practical method of achieving County goals. The County wants to integrate empowering and lawfully fair strategies that allow for authentic voice to be heard and ultimately represented in decisions from this delivery of service.

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

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

8. 7.8. Cooperative Purchasing

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

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

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

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

9. 7.9. Form of Contract

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

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

10. 7.10. Insurance Requirements

The insurance requirements for this contract are outlined in the attached Attachment C.

11. 7.11. Oregon Corporate Activity Tax (“CAT”)

A. In 2019 Oregon adopted a Corporate Activity Tax (“CAT”) applicable to all types of business entities. The legislation accomplishes the following:

1. Establishes a "Fund for Student Success" that is separate and distinct from the state's general fund

2. Adopts a new Corporate Activity Tax (CAT) imposed on all types of business entities

B. The CAT is in addition to the state's current corporate income tax. The CAT is imposed on businesses for the privilege of doing business in this state. It is measured on a business's commercial activity, which is the total amount a business realizes from transactions and activity in Oregon. The CAT is applied to taxable Oregon commercial activity in excess of $1 million. Any costs relating to Oregon’s Corporate Activity Tax will not be reimbursable under Cost of the Work.

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8. 8. Federal Compliance Requirements

1. 8.1. Registration

All selected contractors and subcontractors are required to register in sam.gov, and provide their Unique Entity Identifier (UEI). It will be the General Contractors responsibility to ensure that all subcontractors are registered with sam.gov.

2. 8.2. Cost Principles

A. Claimed costs, cost estimates, and price estimates are allowable only to the extent that they would be allowable under 2 CFR 200-Subpart E – Cost principles and may be denied or subject to revision at County’s sole discretion.

B. 2 CFR 200.324(c): Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles.

3. 8.3. CFR § 200.321

Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.

A. The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

B. Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section.

https://www.ecfr.gov/current/title-2/part-200/subpart-E

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4. 8.4. Clauses Required in non-Federal Entity’s Contracts

A. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). If required by the federal funding source and if this Agreement is a prime construction contract in excess of $2,000, Recipient shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5 “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). If this section applies, Recipient must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Recipient must pay wages not less than once a week. If applicable, the County will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation. The decision to award a Contract is conditioned upon the acceptance of the wage determination. If applicable, the County will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation. If applicable, Recipient must accept the wage determination. If applicable, County will report all suspected or reported violations by Recipient to the Federal awarding agency. If applicable, Recipient must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each Recipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. If applicable, County will report all suspected or reported violations by Recipient to the Federal awarding agency.

C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the amount of this contract exceeds $100,000 and involves the employment of mechanics or laborers Recipient shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, if applicable, Recipient shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which

Hearing Officer Services are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

D. Rights to Inventions Made Under a Contract or Agreement. If the funding for this Contract meets the definition of “funding agreement” under 37 CFR 401.2(a) and Contract is a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under this Agreement, Recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the federal awarding agency.

E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). If the amount of this contract exceeds $150,000 Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

F. 2 CFR Section 200.322 Procurement of recovered materials. Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) By signing this Agreement, the Recipient certifies, to the best of the Recipient's knowledge and belief that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of

Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of…