HFO QA TA - Final Approved.pdf

COVER PAGE

Oregon Department of Early Learning and Care

Is issuing this Request For Proposals (RFP) under

OregonBuys Bid # S‐58800‐0008651 for

Date of Issue: November 20th 2023

Opening Date: December 20th 2023 at 5:00 PST

Single Point of Contact (SPC):

Address: 700 Summer ST NE

E‐mail: Ashley.Griffin@delc.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.

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 SERVICES

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 ROUND 1 PROPOSAL REQUIREMENTS

SECTION 4: ROUND 1 SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFCATION

4.3 SOLICITATION PROTESTS

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 ROUND 1 EVALUATION PROCESS

4.10 ROUND 1 POINT AND SCORE CALCULATIONS

4.11 ROUND 1 RANKING OF PROPOSERS

4.12 ROUND 1 NEXT STEP DETERMINATION

4.13 ROUND 2 INTERVIEW………

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

4.15 POINT AND SCORE CALCULATIONS

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: AWARD AND NEGOTIATION

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 PROPOSALS; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY POLICY

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

Attachment A: SAMPLE CONTRACT

Attachment B: DISCLOSURE EXEMPTION AFFIDAVIT

Attachment C: PROPOSER INFORMATION AND CERTIFICATION SHEET

Attachment D: REFERENCE CHECK FORM

Attachment E: MOCK REVIEW

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Oregon Department of Early Learning and Care (“DELC” or “Agency”) is issuing this Request for Proposal (“RFP”) for one or more Healthy Families of Oregon (“HFO”) quality assurance and technical assistance specialist(s).

DELC anticipates the award of at least one Contract from this RFP. DELC may award one Contract for the entire Scope of Work described in this RFP, encompassing all program sites. However, DELC may, in its sole discretion, award multiple Contracts divided by program sites. The initial term of the Contract will be 2 years with options to renew.

1.2 SCHEDULE

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

Event Date Time

RFP Release to OregonBuys 11/20/2023 5:00 PM PST

Questions / Clarification / Protests Due 11/29/2023 5:00 PM PST

Answers to Question / Clarification / Protests posted to OregonBuys 12/04/2023 5:00 PM PST

Closing (Proposals Due) 12/20/2023 5:00 PM PST

Evaluation Team Evaluates Proposer Response 12/22/2023 N/A

Interviews 01/02/2023 – 01/05/2023 N/A

Issuance of Notice of Intent to Award (approx..) 01/12/2023 N/A

Award Protest Period Ends 7 days after posting 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, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DELC is issuing this RFP pursuant to its authority under ORS 279A.050, as amended by Senate Bill 427 (2023).

DELC is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-047-0260 and 137-047-0261. DELC 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 will refer to the following definitions. For terms used in reference to OregonBuys, the Terminology Crosswalk can be found at TerminologyCrosswalk(BothPhases).pdf (oregon.gov).

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 137-046- 0110 and 137-047-0100.

2.2.2 Project Specific Definitions

CENTRAL ADMINISTRATION: The staff responsible for supporting the individual sites within the Multi-Site System and for carrying out the six functional areas of the Multi-Site Standards. This monitoring is done through training, quality assurance, policy, CONTINUOUS QUALITY IMPROVEMENT (CQI) SITE VISIT: Annual site visit to each HFO region completed by HFO Central Administration staff to review and support the quality of the site’s work, ensure adherence to the HFA Best Practice Standards, and fidelity to the HFA model.

DIRECT SERVICE STAFF: Staff at an HFA site who carry a caseload of enrolled families to whom they provide HFA home visits and staff who administer the FROG scale with families.

ESSENTIAL STANDARD: Determined to be especially significant in the review of the HFO site quality. While adherence to each of these standards is not required in order to receive the HFA credential, a site with any of these standards rated out of adherence will be required to prepare and submit an improvement plan that clearly indicates how the site intends to bring the standard into compliance, coupled with documentation of implementation.

FAMILY FILE: A confidential, written compilation of information that describes and documents services given to participating families.

HEALTHY FAMILIES AMERICA (HFA): The site model on which HFO is based and which provides accreditation for sites and Multi-Site systems that adhere to its research-based Standards.

MONITOR: To keep track of the ongoing collection of available information.

The extent of the information collected for tracking/monitoring purposes will vary and is a less rigorous process than compiling data for an analysis.

MULTI‐SITE SYSTEM: Oregon is a state system with multiple sites providing home visiting services (i.e., assessment, home visitation, supervision, and management). All sites follow the HFO Program Policies and Procedures Manual and the HFA Best Practice Standards. Multi-site systems receive support and guidance from their Central Administration office in the following:

policy, administration, quality assurance, training, technical assistance, and evaluation services.

PROGRAM POLICIES AND PROCEDURES MANUAL (PPPM): This manual specifies policies and procedures for Healthy Families Oregon to assure that sites meet HFA accreditation standards as specified in the Best Practice Standards. All local sites follow the HFO Program Policies and Procedures Manual, and their local policies and procedures as written.

QUALITY ASSURANCE (QA): A systematic and objective approach to monitoring and evaluating the appropriateness and quality of site implementation in order to identify and resolve any challenges and to improve performance.

QA CALENDAR: An annual calendar created by the Central Administration to align the submission of HFA required reporting to assist in fidelity assessment and monitoring of HFO program sites.

SAFETY STANDARD: HFA standards that directly impact the safety of the families being served. These standards must be met in order to be accredited.

SITE: A host agency that administers HFO services to their region.

SUBCONTRACTOR: A legally binding relationship between two entities (individuals or organizations) for the purpose of procuring services or products consistent with an existing contract held by one of the parties for those services or products

TECHNICAL ASSISTANCE (TA): A system of providing support to improve implementation of the model and the quality of services being provided.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

In 2011, the Oregon Legislature approved a 40-40-20 goal and the Governor’s vision for a seamless education system from birth through college. To help achieve this goal, the Early Learning Council (“ELC”) was created to advise on early learning polices and oversee the transformation of Oregon’s early learning system.

In 2013, Early Learning Division (“ELD”) was created to direct early learning initiatives in the state, and became part of the Oregon Department of Education.

ELD consists of many early learning services, including Oregon Prekindergarten, Early Learning Hubs, Preschool Promise, the Office of Child Care, and Healthy Families Oregon. All early learning services and programs focus on the lives and futures of children.

In July 2023 ELD was transitioned into Department of Early Learning and Care (“DELC”) as its own agency. DELC’s mission is to support all of Oregon’s young children and families to learn and thrive. DELC values equity, making a positive impact for children and families, dedication, integrity, and collective wisdom to benefit Oregon’s young children and families.

DELC works as an integrated team focused on: childcare, early learning programs and cross systems integration, policy and research, and equity.

2.3.2 Project Overview and Background

HFO is a multi-site system accredited by the HFA national model. As a central administration, HFA has specific standards that outline the functions of central administration. Quality assurance and technical assistance a core function of central administration. The Central Administration has a quality assurance system which determines the degree to which sites within the Multi-Site System meet the HFA Best Practice Standards. In addition, the Central Administration provides technical assistance to all sites within its system to continuously improve the quality of services being delivered at the local level. There is ongoing technical assistance support available ensuring continuous quality improvement. The Multi-Site System supports each site in improving service quality and offers ongoing support and guidance utilizing a variety of site and system level mechanisms.

Contractor will support the HFO Central Administration office and local Healthy Families program sites in maintaining model fidelity by meeting evidence-based accreditation standards. Using multiple mechanisms, which include site visits, data, surveys, and evaluation, the Central Administration monitors each site’s adherence to the HFA Best Practice Standards. This does not imply the Central Administration must correct site issues but rather they have a plan to support each site to be in adherence to the standards and implement the model to fidelity. Contractor will be assigned tasks by the DELC office to support this ongoing monitoring.

Contractor providing technical assistance and quality assurance to the sites should be experienced in family support, knowledgeable of all aspects of the HFA model including the critical elements and be fully aware of how all aspects of the Multi-Site System interact such that all components from the larger system are integrated into information provided to the sites.

Providers will be able to implement the HFA model to fidelity in their local regions.

DELC (operating as the HFO Central Administration office) will meet the HFA requirement of providing ongoing quality assurance and technical assistance to all program sites, including required site visits and on-going as-needed technical assistance. Providers will be prepared for and understand re-accreditation requirements. HFO Central Administration will use Contractor when in need of technical assistance as it is related to the HFA standards.

Contractor will be compensated for performance of Services pursuant to the terms and rates specified in the Sample Contract.

2.4 SCOPE OF SERVICES

2.4.1 Technical Assistance (TA) Site Visits

Contractor will provide TA visits for HFO program sites. Specific objectives of TA visits include: Providing advice and direction on meeting quality assurance (Best Practice) standards, and/or verbal and written feedback on the program’s record-keeping and procedures to Managers, Supervisors, Eligibility Screeners and Home Visitors that is based on individual program needs.

2.4.2 Continuous Quality Improvement (CQI) Site Visits

CQI Visits are annual site visit to each HFO region completed by Contractor to review and support the quality of the site’s work, ensure adherence to the HFA Best Practice Standards, and fidelity to the HFA model.

Each CQI visit will utilize DELC–approved tools provided by the HFO State Program Manager, and will monitor 51 key HFA Standards and provide feedback for continuous improvement by reviewing the following:

A variety of family files:

Child abuse and neglect reports Training documentation Supervision documentation Interviews with staff Interviews with enrolled families

A CQI Site Visit Report, using a template approved by DELC, will be submitted by the Contractor to the HFO State Program Manager and the local site’s Program Manager and Supervisor(s) within 30 days of the final day of each visit. Feedback to the sites is provided in a timely way to ensure it is meaningful to the site and so sites can take corrective action to address areas needing improvement. Verbal and written feedback is provided each time HFA Best Practice Standards are monitored.

2.4.3 QA Activities

Contractor shall provide CQI Activities as assigned by Agency. Activities may include: Technical assistance to maintain accreditation requirements including, but not limited to email and telephone support not related to annual site visits, support with annual revision of Program Policy and Procedure Manual and annual Forms Manual revisions, coordination of reporting and data collection needs in data systems, training and Webinar development and delivery. In addition, review and provide feedback on local programs site self-assessment for HFA re-accreditation.

2.4.4 Technical Assistance (TA)

Contractor will provide TA as assigned by the HFO Central Administrative staff.

Activities may include, but are not limited to:

Ongoing Technical Assistance to assigned program sites (or other sites as directed by DELC) via phone, online visit email, not related to their TA or CQI site visits.

TA to program sites and to HFO central administration staff to maintain accreditation requirements including, but not limited to, attendance at in person-meetings with DELC staff and contractors, revision of HFO forms and manuals.

Training development and delivery to program sites.

Review of MAC claimable activity, MAC training material development, and central administration tools and resource development.

TA to newly affiliated HFO program sites, including site visits, weekly meetings via phone, email, or online meetings.

Provide ongoing support in delivering new hire tutorials and Program Manager orientation meetings.

Support monthly HFO leadership meetings.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Round 1 Proposal Submissions

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

Proposer Information and Certification Sheet (Attachment C)

Executive Summary

Experience and Capabilities

Key Persons, Organizational Chart, Subcontractors

Scope of Services

Reference Check Form (Attachment D)

Mock Review (Attachment E)

Disclosure Exemption Affidavit (Attachment B) – submit 1 copy only

3.1.2 Proposal Page Limits

Proposal is limited to 30 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

Disclosure Exemption Affidavit (Attachment B)

Proposer Information and Certification Sheet (Attachment C)

Reference Check forms (Attachment D)

Mock Review (Attachment E)

3.1.3 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.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in See: Section

4.5.1 for electronic submission.

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.

Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by DELC.

3.2 ROUND 1 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 this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive art work, 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. Proposal should be straightforward and address the requests of the RFP. Proposal containing excess marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

3.2.1 Proposer Information and Certification Sheet (Not Scored)

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

3.2.2 Experience and Capabilities (Scored)

3.2.2.1 Describe your QA and TA experience in providing family support, your knowledge of all aspects of HFA models, including the critical elements.

3.2.2.2 Describe your knowledge of how the Multi-Site System interacts such that all components from the larger system are integrated into information provided to the site.

3.2.3 Key Persons, Organizational Chart and Subcontractors (Scored)

Key Persons. Proposer shall specify key persons to be assigned to the Services and include a current resume (not to exceed two (2) pages each) for each individual that demonstrates qualifications and experience for the Services proposed.

Key Persons providing technical assistance and quality assurance must have a college degree or commensurate experience and have completed or would be able to complete any of the following:

Knowledge of all aspects of the HFA/HFO model, including knowledge of HFA Multi-site systems

Experience in family support

Experience related to supervising, coaching, or mentoring

Experience in monitoring or evaluating services

HFA Core Training (Foundations, FROG and Supervision) within 12 months of hire

HFA Implementation training within 18 months of hire

HFA Peer Reviewer training within 18 months of hire

Willingness to engage in strength-based and reflective practice when administering QA

Embrace a learning framework with program sites and central administration that centers a growth mindset.

Ability to provide timely feedback both verbally and in writing.

Center collaboration and the parallel process in providing TA services.

Due to the nature of services, Key Person(s) must be available to work remotely and in the State offices as agreed upon between all parties. Work site is designated as DELC’s headquarters office in Salem, Oregon.

Subcontractors. If Proposer intends to work with subcontractor(s), Proposer shall include a statement detailing any subcontracting firms or individual subcontractors that may be engaged as part of the Proposal to this RFP, with those entities and the Services they will provide clearly identified.

3.2.4 Scope of Services (Scored)

Proposer must submit a response that demonstrates an understanding of the Scope of Services required, using the information provided in Section 2.4, Scope of Services.

3.2.5 Security Requirements (Mandatory)

To be considered for evaluation, the Proposal must demonstrate how the Proposer meets all requirements of this section:

1. Data Protections o Proposer understands and has the capability of handling and protecting Agency Data that has been classified as Level 3 Information under the State of Oregon’s Information Asset Classification policy, available online at https://www.oregon.gov/das/Policies/107-004-050.pdf.

o Proposer and its employees, contractors, and agents shall comply with all applicable state and federal laws and regulations, and State of Oregon policies governing Agency Data and its use and disclosure, including as those laws, regulations, and policies may be updated from time to time, including:

Oregon’s Statewide Information Security Standards, found online at:https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx including security controls that meet or exceed “Moderate” security controls in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53.

Oregon’s Statewide Information Security Plan, found online at:

https://www.oregon.gov/eis/cyber-security-services/Pages/guidance-for-state-agencies.aspx

Statewide Cloud Computing policy:

http://www.oregon.gov/das/policies/107-004-150.pdf

Oregon’s Statewide Information Technology Policies:

www.oregon.gov/das/Pages/policies.aspx#IT.

Privileged Access Monitoring and Reporting viewable at:

https://www.oregon.gov/das/Policies/107-004-140.pdf

2. Security Narrative

As an organization that shares in the responsibilities to protect the state's data, it is important to understand how cybersecurity principles at an architectural and organizational level will be applied. Proposer shall provide a narrative that describes Proposer’s security program as it relates to the proposed solution, addressing the following NIST800-53 control families in the response.

Control Family Required

Topics

AC Access Control Account

Management, Least Privilege

AT Awareness and

Training

Cybersecurity training

AU Audit and

Accountability

Logging and

Auditing

CA Security

Assessment and

Authorization

Penetration tests, Security assessments

CM Configuration

Management

CP Contingency

Planning

DR/BCP

IA Identification and

Authentication

General

Authentication

(MFA, modern auth)

IR Incident

Response

Incident response plans and procedures

MA Maintenance Patching

MP Media

Protection

PE Physical and

Environmental

PL Planning

PM Program

Management

Governance

(Security

Program, Plan of Action and

Milestones, System

Inventory)

PS Personnel

Security

Background

Checks

PT PII Processing and

Transparency

RA Risk Assessment Vulnerability

Management, General Risk

Management

SA System and

Services

Acquisition

Secure

Development

SC System and

Communications

SI System and

Information

Integrity

Remediation, System

Monitoring, Malicious

Code

Protection

SR Supply Chain

Risk

Management

3. Background Checks

Proposer and Proposer's staff monitoring the systems who will have access to State systems, facilities, and confidential information will submit to all security checks requested by Agency, which may include any combination of fingerprinting, Oregon Law Enforcement Data Systems (“LEDS”) and Federal Bureau of Investigation Criminal Justice Information Services (“FBI CJIS”) background checks.

3.2.6 References (Scored)

Provide 3 references from current or former client firms for similar services performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

Proposer shall send the Reference Check Form (Attachment D) to its references.

Reference forms must be completed by the reference, and sent to the SPC. Reference forms must be received prior to Closing. Reference forms not received before Closing will not be scored. Proposer will not be found non-Responsive if the SPC does not receive the required references, but Proposer will receive zero points for a missing reference.

DELC may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. DELC may use references to obtain additional information, or verify any information needed. DELC may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.2.7 Mock Review (Scored)

Proposer shall complete and submit the Mock Review provided in Exhibit E.

3.2.8 Disclosure Exemption Affidavit (Pass/Fail)

identifying items for nondisclosure as confidential or proprietary, Proposer must specify the reason for the exemption and Proposer must provide an appropriately redacted single hard copy and single electronic copy of the complete, original Proposal submission (see section 3.1.2).

SECTION 4: ROUND 1 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 Questions / Requests for Clarification

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

Be delivered to the SPC via an OregonBuys submission, email, or hard copy;

Reference the OregonBuys bid number;

Identify Proposer’s name and contact information;

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

Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.3 SOLICITATION PROTESTS

4.3.1 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 Services, and the proposed Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for protests of Addenda or the terms and conditions of the proposed Contract, as provided below.

4.3.2 Protests to Amendment

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 respective Amendment will not be considered.

4.3.3 Requirements for Protests:

Protests must:

Be delivered to the SPC via email or hard copy;

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, 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

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 Amendment must be received by the due date identified in the respective Amendment.

4.4 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DELC 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 options are permitted for this RFP:

4.4.1 Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

A Proposal may be submitted through the mail or via parcel carrier, and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the OregonBuys bid number.

It must be sent to the attention of the SPC at the address listed on the Cover Page.

4.5 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 notice 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 or hard copy prior to Opening in accordance with OAR 137-047-0440. To be effective the notice must include the OregonBuys bid number.

4.6 PROPOSAL DUE

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

A Proposal received after Closing is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.7 PUBLIC OPENING

There will be no public Opening of Proposals. 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 137-147-0630. However, DELC will record and make available the identity of all Proposers after Opening.

4.8 PROPOSAL REJECTION

DELC 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 agency, board, commission, department or division 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 those the SPC authorizes, or inappropriate contact with the SPC.

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

Proposal is conditioned on DELC’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.

4.9 ROUND 1 EVALUATION PROCESS

4.9.1 Responsiveness and Responsibility Determination

4.9.1.1 Responsiveness determination

A Proposal received prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.2, Round 1 Proposal Requirements section. 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, DELC may waive mistakes in accordance with OAR 137-047- 0470.

4.9.1.2 Responsibility determination

DELC will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposer shall submit a signed Responsibility Inquiry (Attachment G) within 5 Business Days of receipt of Intent to Award notice.

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

4.9.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DELC 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

4.9.2 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 Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

The Proposals will be scored as follows for Round 1:

4.9.2.1 Experience and Capabilities (50 Points)

Does Proposer demonstrate sufficient experience in providing the Services?

Degree to which Proposer shall provides Key Persons and support personnel qualified by experience, credentials and capabilities to deliver the requested services as outlined in section 3.2.3.

4.9.2.3 Scope of Services (10 Points)

The degree to which Proposer demonstrates a clear understanding of the services requested in this RFP, and the business and technical resources that equip Proposer to consistently deliver superior service.

4.9.2.4 References (10 Points)

References will be scored as follows:

The SPC will add the scores from each Proposer’s three (3) references to determine a total reference score for the Proposer. The Proposer with the highest total score will receive the maximum possible points for references (10). Each Proposer thereafter will receive a portion of the total reference points possible using the following formula:

Highest score for references x reference points possible = Reference Reference being scored points

4.9.2.5 Mock Review (50 Points)

Degree of which the proposer understood and demonstrated the knowledge required to complete Exhibit E consistent with what is required in the RFP.

4.9.3 PREFERENCES

4.9.3.1 Reciprocal Preference

For evaluation purposes per OAR 137-046-0310, DELC shall add a percent increase to each out-of-state Proposer's Proposal price that is equal to the percent preference, if any, given to a Resident Offeror in the Proposer's state.

4.9.3.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, DELC will select the Proposer offering 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.

4.9.3.3 Tiebreakers

Oregon Supplies: If DELC receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, DELC shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.10 ROUND 1 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator. In each round, an evaluator may change a score up until the time the SPC has requested final scores for that round. If an evaluator elects to change any score, the evaluator must date and initial the change and include a reason for the change. The evaluator’s final score will be the score the SPC will document.

The maximum points possible for each evaluation item are listed in the table below.

Cost points are calculated as stated in the Cost Evaluation section.

Experience and Capabilities 50

Key Persons, Organizational Profile, Organizational Chart and Subcontractors

Scope of Services 20

Reference 10

Mock Review 50

TOTAL POINTS 150

4.11 ROUND 1 RANKING OF PROPOSERS

The SPC, in its sole discretion, may conduct an evaluation committee meeting at the end of any round and the evaluators may review their scores. If the SPC elects to conduct an evaluation committee meeting, the SPC will ask for final scores at the end of the meeting.

The SPC will average the final scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

DELC will rank all Proposers at the conclusion of the evaluation and scoring and may, in DELC’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DELC 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.

The SPC will combine the average score for each Proposal with Proposer’s price score.

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

4.12 ROUND 1 NEXT STEP DETERMINATION

At the conclusion of Round 1 evaluation, DELC may determine the Apparent Successful Proposer or 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

Site visits

Discussions and submittal of revised Proposals

Serial or simultaneous negotiations

Best and Final Offers

4.13 ROUND 2

4.13.1 Interviews (50 Points)

Interviews may be in person at a location determined by DELC; however, DELC may elect to conduct interviews via teleconference or video conference. Further details will be provided prior to scheduling demonstrations.

4.13.2 Additional Submittals or Requirements

This Round 2 may contain demonstrations, interviews, sandbox, site visits and best and final offers.

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DELC conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

4.15 POINT AND SCORE CALCULATIONS

DELC will add the scores from all rounds conducted for a total by Proposer in the Competitive Range.

Round 1 and 2 Maximum Points Available

Round 1 Scores:

Experience and Capabilities 50

Key Persons, Organizational Profile, Organizational Chart and Subcontractors

Scope of Services 20

References 10

Mock Review 50

Total Score Round 1 150

Round 2 Scores:

Interviews 50

Total Score Round 2 50

Total Score Rounds 1 and 2 200

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration.

DELC, if it awards a Contract, shall award one or more Contract(s) to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DELC may award less than the full Scope defined in this RFP. DELC may award one Contract for the entire Scope of Work described in this RFP, encompassing all program sites. However, DELC may, in its sole discretion, award multiple Contracts divided by program sites.

5.1.2 Intent to Award Notice.

DELC will notify all Proposers in Writing that DELC 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.

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

All higher ranked Proposals are non-Responsive.

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

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

DELC’s evaluation of Proposals or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

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

5.2.1.1 Protests Requirements:

Protests must:

o Be delivered to the SPC via email or hard copy;

o Reference the OregonBuys bid number;

o Identify prospective Proposer’s name and contact information;

o Be signed by an authorized representative;

o Specify the grounds for the protest; and o Be received within 7 calendar days of the intent to award notice.

5.2.2 Response to Protest.

DELC 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 DELC.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3.1 Insurance.

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

5.3.2 Taxpayer Identification Number.

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by DELC or when the backup withholding status or any other relevant information of Proposer has changed since the last 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. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

5.3.4 Responsibility Inquiry

Prior to award, Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry.

5.3.5 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 DELC a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon

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

5.3.6 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation.

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

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

All items, except those listed below, may be negotiated between DELC and the apparent successful Proposer in compliance with Oregon State laws:

Choice of law

Choice of venue

Constitutional requirements

Any and all federal and state law rules, requirements, policies and procedures

In the event that the parties have not reached mutually agreeable terms within thirty (30) calendar days of the date of the Notice of Intent to Award, DELC may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 6: AWARD AND NEGOTIATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

6.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DELC encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. DELC also encourages joint ventures or subcontracting with certified small business enterprises. For more information please visit https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787& TN=oregon4biz

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

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after DELC issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of DELC. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating an Agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

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

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

6.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the…