IntRFP S-25700-00003431-JANUS protocol review and optimization v2.doc

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RFP- JANUS PROTOCOL REVIEW AND OPTIMIZATION
Solicitation number
S-25700-00003431
Issued by
Clackamas County, Oregon

About this file

This document is an Intermediate Request for Proposals (RFP) issued by the Oregon State Police (Agency) under OregonBuys Bid Number S-25700-00003431 for JANUS protocol review and optimization. The Agency is seeking a contractor to provide protocol review, optimization, and expert level training to DNA unit analysts on the Agency's JANUS automated liquid handling workstations. The contract term is anticipated to be less than one (1) year. The RFP provides details on the scope of work, minimum offeror requirements, proposal submission requirements, the evaluation and award process, and other pertinent information. Proposals are due by June 24, 2022 at 12:00 PM Pacific Time, and the Agency anticipates issuing a notice of award on approximately July 8, 2022.

The RFP specifies that the pricing proposal must be submitted separately, and the Agency will evaluate offers based on criteria such as the offeror's certification, experience, and the overall scope of work. Preferences may be given to offerors proposing Oregon goods and services, as well as those using recycled materials. The successful offeror will be required to provide proof of insurance coverage and a completed W-9 form prior to contract execution.

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S-25700-00003431– JANUS protocol review and optimization

State of Oregon

Cover Page

OREGON STATE POLICE

JANUS PROTOCOL REVIEW AND OPTIMIZATION

Is issuing this Intermediate Request For Proposals (RFP) under OregonBuys Bid Number S-25700-00003431 for Date of Issue: 06/09/2022 Closing Date: 06/24/2022 Single Point of Contact (SPC):

Enrique Rodriguez Address:

3545 Trelstad Ave. SE City, State, Zip Salem, OR 97317

Phone (voice) 503-378-2889

Phone (fax) 503-378-4190

E-mail:

EGRodrig@osp.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

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

3SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

32.1

AUTHORITY AND METHOD

32.2

DEFINITION OF TERMS

42.3

OVERVIEW

42.4

SCOPE OF WORK

5SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

53.1

MINIMUM OFFEROR REQUIREMENTS

53.2

MINIMUM SUBMISSION REQUIREMENTS

63.3

PROCUREMENT PROCESS

83.4

OFFER CONTENT REQUIREMENTS

93.5

EVALUATION PROCESS

103.6

NEXT STEP DETERMINATION

103.7

PREFERENCES

113.8

POINT AND SCORE CALCULATIONS

113.9

RANKING OF OFFERORS

11SECTION 4:

AWARD AND NEGOTIATION

114.1

AWARD NOTIFICATION PROCESS

124.2

SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

134.3

CONTRACT NEGOTIATION

13SECTION 5:

ADDITIONAL INFORMATION

135.1

CERTIFIED FIRM PARTICIPATION

145.2

GOVERNING LAWS AND REGULATIONS

145.3

OWNERSHIP/PERMISSION TO USE MATERIALS

145.4

CANCELLATION OF RFP; REJECTION OF OFFERS; NO DAMAGES.

145.5

COST OF SUBMITTING A PROPOSAL

145.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

145.7

RECYCLABLE PRODUCTS

15SECTION 6:

LIST OF ATTACHMENTS

15ATTACHMENT A

SAMPLE CONTRACT

15ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

15ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

15ATTACHMENT D

REFERENCE CHECK FORM

15ATTACHMENT E

PRICE PROPOSAL SHEET

15ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN

15ATTACHMENT G

RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Agency is looking for a contractor to provide protocol review, optimization, and expert level training to DNA unit analysts on the Agency’s JANUS automated liquid handling workstations.

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

Agency anticipates the award one (1) contract from this RFP. The term of the contract is anticipated to be less than one (1) year.

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
June 16, 2022
12:00 PM
Closing (Proposal Due)
See Cover Page
12:00 PM
Issuance of Notice of Award (approx.)
July 8, 2022

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. Offeror 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

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050.

Agency is using the solicitation method, pursuant to 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.

General Definitions

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

Reserved

2.3 OVERVIEW

The purpose of this RFP is to establish a contract for contractor to provide protocol review, optimization, and expert level training on the JANUS automated liquid handling workstations currently being used by the Agency’s Forensic Services.

JANUS™ automated workstations are used for the automation of sample preparation procedures utilized in Forensic applications. The instruments consist of a modular platform that enables one pipetting arm with different tip configurations as well as one plate movement arm on a single workstation. The Agency JANUS platform allows for one arm in a variety of combinations with the option to upgrade a one-arm system to a two-arm system. Liquid transfers can be performed in a multi-tipped mode from any combination of laboratory containers including up to hundreds of possible formats for complete and flexible assay automation.

JANUS automated liquid handling workstations offer flexible automated sample preparation solutions to meet our Agency specific application needs. The JANUS workstations include both dedicated, application-specific workstations and personalized automated solutions.

The complexity of the workstations and the need of the Agency to have super users requires periodic review, optimization, and enhanced training.

2.4 SCOPE OF WORK

The successful Proposer shall:

1. Provide review of existing JANUS protocols to ensure accuracy and completeness.

a) Introduction of JANUS parts-deck, pipetting arms, all hardware

b) Discussion of liquid handling/ sensing technology

c) Review setting up of JANUS and various accessories which can be added to the deck

d) Labware teaching and editing (Vspan and MDT head)

i. Adjusting lab ware

ii. Adjusting pipetting heights

iii. Creating new labware

e) Calibration of the deck

f) Introduction to Access database and how to use it

g) Adding protocols to JAA

h) How to use Evaluate Mode

i) Troubleshooting (examples):

i. Barcode Scan Test

ii. Tip Pick Up test

j) Error handling

k) Review areas of focus-priming JANUS, plate locations, tip racks

l) Review Janus utilities

m) Routine maintenance-daily, weekly, monthly

2. Provide review existing and introduction of updates on JANUS development software.

a) How to create protocols

b) Using csv files for pick lists, creating output files for downstream work

c) How to use variables: Variable select/ calculate etc.

d) Study the nuances of their current winprep protocols. Trainees cannot change the protocol without permission from their managers/ supervisors

e) Protocol error handling

i. Advanced topics (If the lab needs): MSL Scripting

ii. Introduction to the user guide for programming help

iii. Practice resolving any issues which the lab has and discuss both application and service topics.

iv. Create new protocols if the lab needs programming help

3. Provide JANUS applications training conducted by a field applications scientist addressing the unique challenges of a Forensics Services Laboratory. Emphasis on workflow, versatility, solutions, and support.

4. Provide advanced techniques and give a hands-on experience with the Agency’s JANUS workstations at our facility.

The trainings shall enable attendees to:

1. Learn to run the instruments efficiently, produce robust and reliable results, troubleshoot, and provide daily and monthly maintenance.

Training shall be provided in person at the Agency Forensic Services location at 13309 SE 84th Ave, Ste 200, Clackamas, OR 97015.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFEROR REQUIREMENTS

BUSINESS

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

· A minimum of ten (10) years’ experience working with JANUS automated liquid handling workstations.

· Authorized dealer or manufacturer of JANUS automated liquid handling workstations.

3.2 MINIMUM SUBMISSION REQUIREMENTS

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

OregonBuys Electronic Response. Proposer should submit its Offer electronically through OregonBuys. Proposer should follow the procedures outlined in https://www.oregon.gov/das/ORBuys/Pages/supplierresources.aspx for electronic submission.

Proposer shall submit in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

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

Hard Copy Response. Proposer may submit its Offer by hard copy or other electronic media.

If Proposer elects to submit its Offer by hard copy, Proposer shall submit its Offer and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12 point font. Proposer shall submit a copy of its Offer and all other submittal requirements bearing the Proposer’s authorized representative’s Signature, and XX additional copies.

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

Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the Offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

Public Notice The solicitation, including all Addenda and attachments, is published in the web-based State of Oregon eProcurement system titled OregonBuys at https://oregonbuys.gov/bso/view/login/login.xhtml. Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Addenda on OregonBuys. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the solicitation by this reference.

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 RFP number

· Identify Offeror’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 Offer Conference

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

Reserved Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Closing. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offer submitted by any means not authorized may be rejected.

Submission through OregonBuys Offers submitted electronically through OregonBuys. For help with using OregonBuys, please contact the Supplier Help Desk at support.oregonbuys@oregon.gov or 1-855-800-5046 for assistance.

Modification or Withdrawal of Proposals

Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the Offer Submission Options section and must denote the specific change(s) to the Offer submission.

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

Offer Due Date Offer and all required submittal items must be received by the SPC on or before Closing. Offer received after the Closing will not be accepted. All Offer modifications or withdrawals must be completed prior to Closing.

Offers received after Closing are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

Offer Rejection Agency may reject an Offer for any of the following reasons:

· Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the Offer in ink.

· Offeror fails to meet the responsibility requirements of ORS 279B.110.

· Offeror 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.

· Offeror attempts to inappropriately influence a member of the Evaluation Committee.

· Offer is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Addenda.

Opening of Offers There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFER CONTENT REQUIREMENTS

Offer must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer 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.

Offer Certification Sheet The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

Offeror Information Sheet The Offeror shall complete and submit the Reference Check Form (Attachment D).

References

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. References must verify the quality of previous, related Work.

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

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

Costs Submit a detailed Price Proposal (Attachment E) stating the price for each deliverable and the total price for the entire project. Include a breakdown of all labor, profit, and expenses.

Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer 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), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror 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 Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

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

3.5 EVALUATION PROCESS

Responsiveness and Responsibility Determination Offers received prior to Closing will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Evaluation Criteria Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

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

SCORE
EXPLANATION
10
OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Offeror provides insight into its expertise, knowledge, and understanding of the subject matter.
6 – 9
VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.
5
ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Offeror.
1 – 4
FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.
0
RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the solicitation. Offeror has not demonstrated knowledge of the subject matter.

3.5.1.1 Evaluation Item 1 – Certification/Authority

· How well does the proposal demonstrate that services and supplies as requested in 2.4 Scope of Work are provided by experienced personnel specifically trained for the services?

3.5.1.2 Evaluation Item 2 – Experience in Scope

· How well does the proposal identify a successful history of providing similar services and support to customers? (reference checks)

3.5.1.3 Evaluation Item 3 – Overall Scope of Work

· How well does the proposal demonstrate that the contractor can provide on-site training as specified in the Scope?

PRICE EVALUATION

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

lowest price of all Offerors
X
price points possible
=
price score

price being scored

3.6 NEXT STEP DETERMINATION

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

3.7 PREFERENCES

Oregon Supplies and Services

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

Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror offers Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror 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.

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

3.8 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

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

TOTAL POINTS POSSIBLE :
100
POINTS POSSIBLE
70
3.5.2.1
Evaluation Item 1
35
3.5.2.2
Evaluation item 2
35
3.5.2.3
Evaluation item 3
30
3.12
PRICE POINTS POSSIBLE
30

EXAMPLE:

Offeror 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. Offeror A’s points for the criterion is 45.

3.9 RANKING OF OFFERORS

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 Offer and Offeror, 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

Award Consideration

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

Notice of Award Agency will notify all Offerors in Writing that Agency is awarding a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Insurance

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

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

Taxpayer Identification Number

The apparent successful Offeror 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 Agency (normally in an intent to award notice), or

· When the backup withholding status or any other information of Offeror 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.

Business Registry If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror 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

Negotiation

By submitting an Offer, Offeror 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. Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions in its Offer, the State intends to enter into a Contract with the successful Offeror 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. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Offers.

Any Offer that is conditioned upon Agency’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 Agency and the apparent successful Offeror in compliance with Oregon State laws:

· Choice of law

· Choice of venue

· Constitutional requirements

· All applicable Federal and State requirements In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency 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. Agency 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 Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 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 from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this RFP become the Property of Agency. By submitting an Offer in response to this RFP, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating an Agreement, if awarded to Offeror, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Offers, including supporting materials, will not be returned to Offeror unless the Offer is submitted late.

5.4 CANCELLATION OF RFP; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers 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 Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.5 COST OF SUBMITTING A PROPOSAL

Offeror shall pay all the costs in submitting its Offer, including, but not limited to, the costs to prepare and submit the Offer, 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, Offeror shall include information in its Offer 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

Offeror 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)

SECTION 6: 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

PRICE PROPOSAL SHEET

ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G

RESPONSIBILITY INQUIRY

DAS Procurement Services, Version 2.4 - July 26, 2019

File details come from the government source that posted it. Updated .