IntRFP_S-10700-00007620 _Evaluation of Procurement Practices_Final_Updated 8.3.2023.doc

OregonBuys Bid #S-10700-00007620

State of Oregon

Cover Page

Department of Administrative Services, Procurement Services is issuing this Intermediate Procurement under S-10700-00007620 for evaluation of Procurement practices as they relate to recycled materials Date of Issue: July 25, 2023

Opening Date: August 4, 2023, at 4:00 PM August 10, 2023, at 11:00 AM (Pacific Time) Single Point of Contact (SPC):

Laure Konseibo Address:

1225 Ferry St. SE U140 City, State, Zip Salem, OR 97301 Phone:

971-349-2359

E-mail:

Laure.KONSEIBO@das.oregon.gov

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

4SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

42.1

AUTHORITY AND METHOD

42.2

DEFINITION OF TERMS

42.3

OVERVIEW AND PURPOSE

42.4

SCOPE OF WORK

8SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

83.1

MINIMUM PROPOSER REQUIREMENTS

83.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

PROCUREMENT PROCESS

113.4

PROPOSALS CONTENT REQUIREMENTS

123.5

EVALUATION PROCESS

143.6

COST EVALUATION

143.7

NEXT STEP DETERMINATION

143.8

PREFERENCES

153.9

POINT AND SCORE CALCULATIONS

153.10

RANKING OF PROPOSERS

15SECTION 4:

AWARD AND NEGOTIATION

154.1

AWARD NOTIFICATION PROCESS

164.2

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

164.3

CONTRACT NEGOTIATION

17SECTION 5:

ADDITIONAL INFORMATION

175.1

COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

175.2

CERTIFIED FIRM PARTICIPATION

175.3

GOVERNING LAWS AND REGULATIONS

185.4

OWNERSHIP/PERMISSION TO USE MATERIALS

185.5

CANCELLATION OF SOLICITATION; REJECTION OF PROPOSALS; NO DAMAGES.

185.6

COST OF SUBMITTING AN PROPOSAL

185.7

STATEWIDE E-WASTE/RECOVERY PROCEDURE

185.8

RECYCLABLE PRODUCTS

185.9

PRINTING, BINDING, AND STATIONERY WORK

195.10

CHECKLIST DISCLAIMER

19SECTION 6:

LIST OF ATTACHMENTS

19ATTACHMENT A

SAMPLE CONTRACT

19ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

19ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

19ATTACHMENT D

[RESERVED]

19ATTACHMENT E

COST SHEET

19ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

19ATTACHMENT G

RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (DAS PS), is issuing this Intermediate Procurement on behalf of the Department of Administrative Services (DAS) and the Department of Environmental Quality (DEQ) together (Agencies), for Contractor to conduct a recycling study assessment for State agencies and provide a final report.

In section 44 of Senate Bill 582 for the 2021 Session, the Oregon Legislature directs DAS, in consultation with DEQ, to “study and assess State procurement practices as they relate to recycled products, recycled polyethylene terephthalate (PETE) and recycled materials as those terms are defined in ORS 279A.010. The assessment must include:

(a) An evaluation of procurement practices under ORS chapters 279A and 279B related to recycled materials, including efficacy and compliance,

(b) A quantitative evaluation of the impact and effectiveness of the five percent price limitation described in ORS 279A.125 (2)(d),

(c) A feasibility study of additional opportunities to increase the purchase of products containing post-consumer recycled content, including but not limited to products containing post-consumer recycled PETE and other plastics,

(d) An evaluation of opportunities for strengthening traceability and verification requirements associated with recycled products or recycled materials, especially recycled plastic, and

(e) Recommendations for legislation.

DAS PS anticipates the award of one Contract from this solicitation.

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.

August 7, 2023

4:00 5:00 PM

August 10, 2023

4:00 PM 11:00 AM

August 17, 2023

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 issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

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

Terminology specific to the OregonBuys system may be found at OregonBuys.

2.3 OVERVIEW AND PURPOSE

DAS, in consultation with DEQ, has been tasked with studying and assessing State procurement practices as they relate to recycled products, recycled PETE and recycled materials as those terms are defined in ORS 279A.010.

The Agencies anticipate the work to be divided into five phases: set up and project management, evaluate State agency procurement practices related to recycled materials, conduct feasibility study on increasing purchasing of products with post-consumer recycled content, develop recommendations for procurement of recycled content products, and draft of final report, final report, and presentation of findings.

Proposer is expected to participate in regular meetings with a core project team, in addition to the regular meetings with the various stakeholders, for project updates.

Final report and presentation of findings shall be completed by April 30, 2024.

2.4 SCOPE OF WORK

In accordance with ORS 279A.125, State agencies conducting solicitations must apply preference for recycled products and services according to ORS 279A.125 (2) (a-d). The apparent successful Proposer shall work with the Agencies to study and assess State procurement practices as they relate to recycled products, recycled PETE, and recycled materials as those terms are defined in ORS 279A.010.

2.4.1 Phase 1: Set Up and Project Management Plan

2.4.1.1 Agencies will designate a Project Manager and assemble a core project team (Core Project Team). Core Project Team shall approve Contract deliverables.

Contractor shall assist Agencies with creating an advisory group made up of stakeholders (Stakeholders) that will meet regularly to help provide strategic direction for the study. Stakeholders may include, but are not limited to: other State agencies, subject matter experts on recycling, and vendors.

The apparent successful Proposer shall provide project management, oversight, data analysis, coordination, and reports for the Services described in this RFP. Proposer shall provide a Project Management Plan documenting the project management methodology proposed to deliver Services. The plan shall define a Deliverable management approach that clearly documents the process that the Proposer shall use to develop Deliverables and submit Deliverables for approval. Deliverables shall be reviewed and approved by Agencies and Agencies may request modifications that Contractor shall incorporate into an updated Deliverable that is then submitted for approval, as required. The plan shall include a kickoff meeting for the project and provide for weekly status reports throughout the project effort.

2.4.1.2 Proposer shall submit a Project Management Plan that incorporates all of the phases described in this RFP and include any additional Tasks or Deliverables that Proposer recommends to facilitate the work.

2.4.2 Phase 2: An evaluation of procurement practices under ORS chapters 279A and 279B related to recycled materials.

2.4.2.1 Contractor shall evaluate and analyze procurement practices under ORS chapters 279A and 279B related to recycled materials, including efficacy and compliance. This shall include, but is not limited to, the following:

· Did agencies request, and/or vendor(s) provide any specifications or documentation regarding product recycled content?

· Are staff members aware of the recyclability/reusability/recycled content requirements?

· Do staff members have the tools and examples they need to integrate requirements into specifications?

· Are vendors willing to work with agency staff on providing recycled content/recyclability/reusability claims?

· Identify opportunities to increase the purchase of products containing post-consumer recycled content, including products containing post-consumer recycled PETE and other plastics.

· Are there certain product categories where compliance is relatively easier?

· What do you see overall as the major challenges and opportunities?

· A quantitative evaluation of the impact and effectiveness of the five percent price limitation described in ORS 279A.125 (2)(d). Specifically:

· Are agencies applying the five percent cost limitation in decision making?

· Is the limitation at the appropriate amount and does it drive change?

· To what extent, and how, did agencies give preference to products with recycled content?

2.4.2.2 Methods of Data Collection. Contractor shall provide quantitative and qualitative assessment methods to gain a thorough understanding of procurement practices under ORS chapters 279A and 279B related to recycled materials. These methods shall include, but are not limited to, the following:

· Review a sampling of DAS and other State agencies specifications, bids, and contract files for up to 25 product price agreements, using spend data and filtering those price agreements using specifications to identify and prioritize categories of highest product spend, or products containing relevant materials of interest, from the past 5 years.

· Conduct up to 6 one-hour focus group interviews with procurement contract management staff in DAS and in other agencies.

· Develop questions for a web-based survey that Agencies shall deliver to all State agencies that utilize DAS statewide price agreements, as well as larger agencies that conduct their own procurements, and review, analyze and summarize survey results.

2.4.2.3 Obtaining Data. Project Manager shall assist Contractor with obtaining data and identifying agencies and key persons to reach out to. This shall include, but is not limited to:

· Collecting solicitation, evaluation, contract, and agreement documents, as well as spend data, requested by the Contractor.

· Working with the Contractor to select focus group participants and assisting with meeting logistics.

· Sending survey out to relevant entities and forwarding responses to the Contractor.

2.4.2.4 Proposer shall submit detailed description of their experience performing similar tasks and how they would approach this work specifically.

2.4.3 Phase 3: Feasibility study and evaluation for opportunities to strengthen purchasing, traceability, and verification requirements of recycled products under ORS chapters 279A and 279B.

2.4.3.1 Contractor shall study the feasibility and identify opportunities to increase the purchase of products containing post-consumer recycled content, including products containing post-consumer recycled PETE and other plastics. Using data from Phase 2, along with other relevant sources:

· Identify products and product categories that provide the best opportunities to increase the purchase of goods containing post-consumer recycled content. Priority will be based on factors such as agency spend, impact of spend with respect to recycled content, and availability of products with recycled content.

· Document potential implications with respect to incremental costs (ORS 279A.125 (2)(d)) and product availability (ORS 279A.125 (2)(a)).

· Provide a comparative analysis, using existing lifecycle data where available, including DEQ’s material attributes research found at https://www.oregon.gov/deq/FilterDocs/pcr.pdf, to determine the benefits of selecting products during the solicitation process based on post-consumer recycled content and these products overall environmental and carbon footprint versus products that do not contain recycled materials.

2.4.3.2 Contractor shall evaluate opportunities for strengthening traceability and verification requirements associated with recycled products or recycled materials, especially recycled plastic. This shall include, but is not limited to:

· Conducting and compiling market research for the priority spend categories, identified in Phase 2, on current, potential, and future availability of products to State agencies containing post-consumer recycled content.

· Identifying potential barriers (technical, specifications, perception, etc.) and solutions where appropriate for increasing acceptance of materials with recycled content.

2.4.3.3 Proposer shall submit detailed description of their experience performing similar tasks and how they would approach this work specifically.

2.4.4 Phase 4: Recommendations for best practices and legislation.

2.4.4.1 Provide recommendations that can be shared with State agencies and vendors on the availability of goods and products containing post-consumer recycled content, including products containing post-consumer recycled PETE, as well as other recycled plastic resin supplies and materials. Recommendations shall include, but are not limited to:

· Ascertaining where agencies can obtain products containing recycled PETE, as well as other recycled plastic resin supplies and materials. This may include trade associations, lists of suppliers, or other similar guidance.

· Recommendations for strengthening vendor traceability and verification requirements associated with the purchase of recycled products or recycled materials, especially recycled plastic and identifying opportunities for improvement.

2.4.4.2 Recommend changes to State statutes under ORS chapters 279A and 279B related to recycled materials that may facilitate increased purchasing of recycled materials, products and services that have a higher probability of being recycled and products that are re-usable. Also, determine if updating statutes for products environmental/carbon footprint would increase sustainable procurement efforts.

2.4.4.3 Proposer shall describe their experience providing recommendations to multiple entities, with differing goals and missions, to increase knowledge and usage of a program and Proposer shall also include their experience with making recommendations to State legislators to strengthen existing laws.

2.4.5 Phase 5: Final Report

2.4.5.1 Contractor shall compile the information obtained from Phases 2 through 4 into a draft Final Report. Contractor shall present draft report and summary of findings to Core Project Team and incorporate feedback from the Core Project Team into the Final Report.

2.4.5.2 Proposer shall submit samples of prior projects, or reports, for work similar to that described in this RFP.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER REQUIREMENTS

3.1.1 BUSINESS

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

· Experience in the evaluation of recycling and recycled content products,

· Data analysis,

· Experience providing legislative/policy/rule recommendations.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

· Administrative Proposal

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Cost Sheet (Attachment E)

· Certified Disadvantaged Business Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Key Persons and Resumes

· Project Samples

3.2.2 Proposal Format and Quantity

Proposer should follow the format and reference the sections listed in the Proposals 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. Cost information must be submitted as a separate electronic file.

Proposer shall submit one electronic copy of its Proposal. 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.

3.2.3 Authorized Representative

Failure of the authorized representative to sign the Proposer Information and Certification Sheet (Attachment C) may subject the Proposal to rejection by Agency.

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,

· 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 and section), and

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

3.3.3 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 by transmission errors or mistaken delivery. Proposals submitted by any means not authorized may be rejected.

3.3.3.1 Submission Options

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. To submit a Proposal in OregonBuys Proposer should follow the procedures and instructions detailed at: https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf The Cost Sheet (Attachment E) 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.

3.3.4 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.

3.3.5 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.

3.3.6 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 Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

3.3.7 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 offers 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 Administrative Proposal (Scored)

Proposer shall submit a Project Management Plan that incorporates all of the phases described in this RFP and include any additional Tasks or Deliverables that Proposer recommends to facilitate the work.

Proposer shall submit proposed approach to complete the work detailed under Section 2.4, Scope of Work. The description for each Phase should include: estimated time (hours) to complete the work, how the Proposer anticipates approaching the work, number of staff Proposer expects each Phase may need, an estimated timeline to complete all of the Services described in the RFP, with the final report and presentation of findings completed on, or before, April 30, 2024, and may also include additional work or tasks that, based on Proposer’s experience, would expedite the work to meet the needs described in this RFP.

3.4.2 Public Record/Confidential or Proprietary Information (Not Scored)

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

Proposer is cautioned that cost 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.

3.4.3 Proposer Information and Certification Sheet (Required, but Not Scored) The Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C) bearing the Proposer’s authorized representative’s signature.

3.4.4 Cost Sheet (Scored)

Submit a detailed Cost Sheet (Attachment E) electronically through Oregon Buys.

· For each activity described in the Scope of Work, the costs must include identifiable costs, time estimates for completing each activity, and a summary of all proposed costs,

· The Cost Sheet must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges,

· For all fully loaded personnel costs, the costs proposed must include the name and title of all positions for each individual staff person who will perform the work and list the rate for each such individual separately, and

· Include pricing for additional strategies that are recommended by Proposer to facilitate the work, but were not included in the Scope of Work.

3.4.5 Certified Disadvantaged Business Outreach Plan (Required, but Not Scored) Proposer shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment F).

3.4.6 Responsibility Inquiry (Required, but Not Scored)

Proposer shall complete and submit the Responsibility Inquiry (Attachment G).

3.4.7 Key Persons and Resumes (Optional, Not Scored)

Proposer may specify Key Persons to be assigned to perform these Services and may include a current resume (not to exceed 2 pages each) for each individual that demonstrates the persons’ qualifications and experience for the Services described. This is optional.

3.4.8 Project Samples (Scored)

Proposer shall submit in its Proposal response a minimum of 2 project samples, or reports, for work completed within the last 5 years that are similar to the Scope of Services of this RFP.

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 Proposal 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 Proposer 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. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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

3.5.2.1 Evaluation: Administrative Proposal (50 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.

3.5.2.2 Evaluation: Cost Sheet (30 Points)

Proposer shall complete and submit Attachment E, Cost Sheet. The Cost Sheet must be submitted as a separate submission in OregonBuys and will be scored separately by the SPC as described in Section 3.6 below.

3.5.2.3 Evaluation: Project Samples (20 Points)

Degree to which the project samples show work consistent with that required in this RFP.

3.6 COST EVALUATION

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

Lowest Total Cost Proposed

Total Cost for Cost Sheet Being Scored

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 Offers If DAS PS elects to conduct additional round(s), Agency 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 Oregon Supplies and Services

DAS PS prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, DAS PS shall subtract 10% from the cost for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score.

3.8.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer proposes Goods manufactured with Recycled Materials, and at least 1 Proposer does not, DAS PS will select the Proposer proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.8.3 Tiebreakers

Oregon Supplies: If DAS PS receives Proposals identical in cost, 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.

Points for the Cost Sheet (Attachment E) are calculated by the SPC as stated in the Cost Evaluation section. Points possible are as follows:

Scoring Process:

Evaluators will assign a score of 0% to 100% for each of the sections they are scoring. The percentage for each section will be multiplied by the total points possible for that section, which will then result in the points awarded to the Proposer for that section. Once each section is individually scored the awarded points will be added together to obtain the total awarded points.

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 cost. 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.

4.1.3 If DAS PS receives only one Proposal, DAS PS may dispense with the evaluation process and proceed directly to Contract negotiations and award.

4.2 SUCCESSFUL PROPOSER 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.

DAS PS will not make any payment until DAS PS 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.

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 provisions:

· Term of the Contract,

· Term Extensions,

· Compensation,

· Statement of Work (Attachment A, Exhibit A), within the Scope of Work of RFP, and

· Insurance Requirements In the event that the parties have not reached mutually agreeable terms within 10 calendar days, DAS PS may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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.

5.2 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

5.3 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 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.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this solicitation become the property of DAS PS. By submitting an 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).

5.5 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.

5.6 COST OF SUBMITTING AN 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.

5.7 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.

5.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

5.9 PRINTING, BINDING, AND STATIONERY WORK

Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

5.10 CHECKLIST DISCLAIMER

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

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D

[RESERVED]

ATTACHMENT E

COST SHEET

ATTACHMENT F

CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G

RESPONSIBILITY INQUIRY

DAS Procurement Services