INT_RFP_S-10700-00004052.pdf

Intermediate RFP #S-10700-00004052 Earthquake and Flood Resilience Assessment Services

STATE OF OREGON

COVER PAGE

Oregon Department of Administrative Services, Procurement Services on behalf of the Oregon Department of Administrative Services, State Data

Center is issuing this Intermediate Procurement under RFP #S-10700- 00004052 for

EARTHQUAKE AND FLOOD RESILIENCE ASSESSMENT

SERVICES

Date of Issue: ____________

Opening Date: __________________

Single Point of Contact (SPC): Nathan C. Ramos, OPBC Contract and Procurement Specialist

Address: 1225 Ferry Street, SE

City, State, Zip: Salem, OR 97301

Phone: (971) 707-0016

E-mail: Nathan.ramos@das.oregon.gov

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSAL REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSALS CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF PROPOSERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF PROPOSALS; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT FOR SERVICES

EXHIBIT A – SCOPE OF WORK

EXHIBIT B – REQUIRED INSURANCE

EXHIBIT C – SPECIAL TERMS AND CONDITIONS

EXHIBIT D – INDEPENDENT CONTRACTOR CERTIFICATION

ATTACHMENT B – DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C – PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D – REFERENE CHECK FORM

ATTACHMENT E – PRICE PROPOSAL

ATTACHMENT F – COBID/OUTREACH PLAN

ATTACHMENT G – BUSINESS QUALIFICATIONS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services, (“DAS PS”) on behalf of the Oregon Department of Administrative Services, State Data Center, (“DAS SDC”) or (“Agency”), is issuing this Intermediate Request for Proposals for Earthquake and Flood Resilience Assessment Services.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

DAS PS anticipates the award of one (1) Contract from this solicitation. The initial term of the Contract is anticipated to be two (2) years with no option 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 solicitation.

Event Date Time

Questions / Requests for Clarification Due Monday, August 29, 4:00 PM PT

Answers to Questions / Requests for Clarification posted in OregonBuys

Wednesday, August 31, 2022

4:00 PM PT

RFP Protest Period Ends Thursday, August 25, 4:00 PM PT

Opening (Proposal Due) Monday, September 19, 2022

4:00 PM PT

Issuance of Notice of Award (approx.)

Monday, September 26, 2022

4:00 PM PT

Award Protest Period Ends Monday, October 3, 4:00 PM PT

Contract Execution (approx..)

Monday, October 10, 8:00 AM PT

1.3 SINGLE POINT OF CONTACT (SPC)

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

2.2 DEFINITION OF TERMS

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

“SPC” means the Single Point of Contact.

2.2.1 General Definitions

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

Terminology for the OregonBuys procurement system may be found here:

https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf

2.2.2 Project Specific Definitions

“Data Center” means the State of Oregon Data Center located at 530 Airport Road SE, Salem

OR, 97301.

“ASCE” are standards that provide technical guidelines for promoting safety, reliability, productivity, and efficiency in civil engineering.

“BSE” means Basic Safety Earthquake and is used in the assessment of building performance during an earthquake.

“FEMA” means the Federal Emergency Management Administration.

2.3 OVERVIEW AND PURPOSE

DAS SDC is responsible for developing innovative solutions aimed at automating the business operations that support the Oregon constituents we serve. The operations of the data center are outside the direct control of the agencies.

The data center infrastructure components supported are made up of local and wide area network connectivity, storage management, computer hosting, and disaster recovery.

Consumers of the data center services include partners (consumers who rely on all services provided by the data center) and clients (consumers who rely on only selected data center services).

The purpose of this Intermediate RFP is to solicit for Earthquake and Flood Resilience Assessment Services. It is imperative that the data center be prepared for and able to protect vital infrastructure from damage caused by earthquake and/or flood.

2.4 SCOPE/STATEMENT OF WORK

Contractor will provide preliminary resiliency assessments for both earthquake and flood. A detailed Scope of Work/Statement can be found in Attachment A Contract for Services, Exhibit A Scope/Statement of Work.

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html https://www.oregon.gov/das/ORBuys/Documents/RolesAndTermCrosswalk.pdf

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSAL REQUIREMENTS

3.1.1 BUSINESS REQUIREMENTS

To be considered for evaluation, Proposer must demonstrate how Proposer meets the following business requirements:

• Proposer must be able to provide proof of services performed similar to those indicated in the Scope of Work within the last two (2) years.

• Proposer must indicate that service providers have at least five (5) years in any two (2) of the following areas.

o Structural Engineering o Resiliency Planning o Earthquake/Flood/Tsunami Engineering o Seismic Evaluation Performance o Earthquake/Flood/Tsunami Risk Assessment Performance

3.1.2 TECHNICAL (RESERVED)

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity

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

Proposer shall submit one electronic copy of its Proposal through OregonBuys.

Information and instructions on how to submit a Proposal through OregonBuys can be found here:

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

In addition, 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), and Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by DAS

PS.

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

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Proposers.

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

3.3.2 Questions / Requests for Clarification

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

• Be emailed to the SPC

• Reference the OregonBuys bid number S-10700-00004052

• Identify Proposer’s name and contact information

• Be sent by an authorized representative

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

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

3.3.3 Pre-Proposal Conference

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

3.3.4 Proposal Submission

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the solicitation requirements before Opening. DAS PS is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery.

Proposals submitted by any means not authorized may be rejected.

3.3.4.1 Proposal Submission Options

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

The price sheet must be submitted as a separate electronic response file through OregonBuys.

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 https://oregonbuys.gov/bso exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

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

3.3.4.2 Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, 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, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

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

The total combined size of the Proposal should be compressed so it does not exceed 10 megabytes.

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

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package. Proposal may be submitted electronically through OregonBuys.

3.3.5 Modification or Withdrawal of Quotes or Proposals

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

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

3.3.6 Proposal Opening Date

Proposal and all required submittal items must be received by the SPC on or before Opening.

All Proposal modifications or withdrawals must be completed prior to Opening.

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

https://oregonbuys.gov/bso

3.3.7 Proposal Rejection

DAS PS may reject a Proposal for any of the following reasons:

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

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

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

• Proposer makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

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

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

3.3.8 Opening of Proposals

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 Award is issued. However, DAS PS will record and make available the identity of all Proposers after Opening.

3.4 PROPOSALS CONTENT REQUIREMENTS

Proposer must address each of the items listed in this section and all other requirements set forth in this solicitation. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely Proposals to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.4.1 Proposer Information and Certification Sheet (Attachment C) (Not Scored)

The Proposer shall complete and submit the Proposer Information and Certification Sheet.

3.4.2 References (Attachment D) (Scored)

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last two (2) years. References must verify the quality of previous, related Work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer and submitted with the Proposal prior to opening.

The SPC will score the References as follows:

• A Proposer returning three (3) completed references will receive 10 points;

• A Proposer returning two (2) completed references will receive 5 points; and

• A Proposer returning one (1) or less references will receive 0 points.

3.4.3 Price Sheet (Attachment E) (Scored)

Proposer shall submit a detailed Price Sheet (Attachment E) electronically through OregonBuys or in a separate sealed envelope, Option 3: electronic file on the USB drive, DVD or CD stating the price for each deliverable and the total price for the entire project. Include a breakdown of all labor, profit and expenses.

3.4.4 Business Requirements (Attachment G) (Scored)

The SPC will score the Business Requirements (Attachment G).

Proposer that provides proof of services performed similar to those indicated in the Scope of Work and has service providers that meet all of the requirements will receive 50 points.

Proposer that provides proof of services performed similar to those indicated in the Scope of Work and has services providers that meet at least three (3) of the requirements will receive 40 Points.

Proposer that provides proof of services performed similar to those indicated in the Scope of Work and has services providers that meet at least three (2) of the requirements will receive 20 Points.

Proposer that provides proof of services performed similar to those indicated in the Scope of Work but does not indicate service providers that meet at least two (2) of the requirements will receive 0 points.

3.4.5 COBID/ Outreach Plan (Attachment F) (Not Scored)

Proposer shall submit with its Proposal a completed COBID/Outreach Plan (with questions 2-5 completed if applicable).

3.4.6 Disclosure Exemption Affidavit (Attachment B) (Not Scored)

Proposer shall complete and submit with its Proposal a Disclosure Exemption Affidavit.

3.4.7 Public Record/Confidential or Proprietary Information

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

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

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Proposal Content 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 Proposer non-Responsive, the Proposal may be rejected, however, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

At any time prior to award, DAS PS may reject a Proposal found to be not Responsible.

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by an Evaluation Committee.

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

3.6 PRICE EVALUATION

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

lowest price of all Proposers X price points possible = price score price being scored

A Proposer who is found Responsive and has the lowest Price Proposal will receive 40 points.

A Proposer who is found Responsive and has the second lowest Price Proposal will receive 20 points.

A Proposer who is found Responsive and has the third lowest Price Proposal will receive 10 points.

A proposer who is found Responsive and has the fourth lowest Price Proposal will receive 0 points.

3.7 NEXT STEP DETERMINATION

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

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

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Proposals

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

3.8 PREFERENCES

3.8.1 Tiebreakers

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

3.9 POINT AND SCORE CALCULATIONS

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

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

TOTAL POINTS POSSIBLE 100

3.4.2 Reference Check Form 10

3.4.3 Price Sheet 40

3.4.4 Business Requirements 50

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

3.10 RANKING OF PROPOSERS

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

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

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

4.1.2 Notice of Award

DAS PS will notify all Proposers in Writing that DAS PS has awarded a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSAL SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

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

4.2.2 Taxpayer Identification Number

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

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

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

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

4.2.3 Business Registry

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

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

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

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

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

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

Any Proposal that is conditioned upon DAS PS’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.

DAS PS will only negotiate the following provision(s):

• Term of the contract

• Compensation

In the event that the parties have not reached mutually agreeable terms within twenty 20 calendar days, DAS PS may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

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

DAS PS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, 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.

5.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz 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.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this solicitation become the property of Agency. By submitting a Proposal in response to this solicitation, 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 a Contract, if awarded to Proposer, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

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

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

5.5 COST OF SUBMITTING A PROPOSAL

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

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

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

5.7 RECYCLABLE PRODUCTS

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

(ORS 279B.025).

http://www.oregon.gov/DAS