IRFP Early Literacy Success Initiative Tour Video Services.pdf

OregonBuys Bid # S-58100-00010888

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF EDUCATION

is issuing this Intermediate Procurement under S-58100-00010888 for

EARLY LITERACY SUCCESS INITIATIVE TOUR VIDEO

SERVICES

Date of Issue: July 10, 2024

Opening Date: July 31, 2024

Single Point of Contact (SPC): Sarah Ortiz, Procurement & Contract Specialist

Address: 255 Capitol Street NE City, State, Zip: Salem, OR 97310 Phone: (503) 269-0693 E-mail: sarah.ortiz@ode.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

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER OR REQUIREMENTS ............................................................................Error! Bookmark not defined.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER 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 OFFERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION………………………………………………………………….16

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFER NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

5.9 PRINTING, BINDING, AND STATIONERY WORK

5.10 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Department of Education, (“Agency”), is issuing this Intermediate Procurement to capture and produce video and photo content from the Early Literacy Success Initiative Tour.

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

Agency anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be eighteen months with options to renew up to an additional 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 July 17 , 2024 2:00 PM

Opening (offer Due) July 22 , 2024 2:00 PM

Issuance of Notice of Award (approx.) July 31 , 2024 2:00 PM

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 and ORS 279A.140.

Agency 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.

2.2.1 General Definitions

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

2.3 OVERVIEW AND PURPOSE

In 2023, through the leadership of Governor Kotek, the Oregon Legislature established early literacy as a top priority. In creating the Early Literacy Success Initiative, they identified four goals:

1. Increase early literacy for children from birth to third grade;

2. Reduce literacy academic disparities for student groups that have historically experienced academic disparities;

3. Increase support to parents and guardians to enable them to be partners in the development of their children’s literacy skills and knowledge; and

4. Increase access to early literacy learning through support that is research-aligned, culturally responsive, student-centered and family-centered.

The Oregon Department of Education's Director will embark on the Early Literacy Success Initiative Tour across the state. The Director of the Oregon Department of Education will tour the state to show how the school districts are using the Early Literacy Success Initiative funds. Agency intends to explain the impact of the Initiative with one video from each location visit and one longer video that summarizes the tour.

Agency desires to contract with a successful Offeror to document and illustrate the impactful ways in which school districts are leveraging funding from the Early Literacy Success Initiative to advance literacy education.

2.4 SCOPE OF WORK

The selected contractor will work closely with the Agency team to capture video and still camera footage from each visited location, including individual videos for each site and a comprehensive summary video about the impact of the Early Literacy Success initiative.

Pre-Production

a. Coordinate schedules to ensure film crew is set up and ready to film on time.

b. Follow policy per each school district for on-site visits.

c. Supply all labor, equipment, hardware, software, and materials required to complete the work to Agency satisfaction.

Production

a. Film and photograph students, educators and Agency staff during onsite visits.

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

b. Accompany Early Literacy team on at least five visits around the state. Documenting events, interviews and other footage with educators, administrators, and students as necessary, using video and still photography, so that Agency can use on the website or social media.

c. Capture relevant B-roll footage to complement interviews and illustrate the impact of literacy programs in action.

Post-Production

a. Edit to produce short (one minute or less) videos highlighting each stop on the tour, at least one longer video (up to five minutes) providing an uplifting tour recap.

b. Finalize videos (in English and Spanish) and pictures need to reflect the diversity and geography of Oregon’s schools and students.

c. Deliver final products (plus raw footage) no later than one month following the last visit or interview.

d. Provide captioning and subtitles of audio and video content to finalized videos.

See sample contract for more details – separate requirements statement of work terms and conditions and more detail broken out expanded information.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM REQUIREMENTS

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

The proposal must be submitted with a brief cover letter describing the proposer’s interest and commitment to the proposed project. The letter must include the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the selection process. The person authorized by the proposer to negotiate a contract with the State must sign the cover letter.

A statement that Proposer agrees to accept the terms and conditions of the Sample Contract, including the ability to obtain the insurance coverage for the Required Insurance (Exhibit B), of the following types and minimum amounts:

a. Commercial General Liability Insurance $1,000,000 per occurrence, and not less than $2,000,000 annual aggregate.

b. Professional Liability Insurance $1,000,000 per occurrence and not less than $2,000,000 annual aggregate.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Elements

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

a. Cover Letter

b. Qualifications and Experience

c. Two1-to-5-minute video samples

d. Offeror’s Equity Lens

e. Disclosure Exemption Affidavit (Attachment B)

f. Offeror Information and Certification Sheet (Attachment C)

g. Reference Check Form (Attachment D)

h. Cost Sheet (Attachment E)

i. COBID Certification / Outreach Plan (Attachment F)

j. Responsibility Inquiry (Attachment G)

3.2.2 Offeror Format and Quantity

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version. Cost information must be submitted as a separate electronic file.

3.2.3 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

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 Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror 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:

https://oregonbuys.gov/bso

• Be emailed to the SPC

• Reference the OregonBuys bid 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

3.3.3 Pre-Offer Conference

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

3.3.4 Offer Submission

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

3.3.4.1 Submission Options

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

The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

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

3.3.5 Modification or Withdrawal of Quotes or Offers

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 Opening. 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 OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

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

a. 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.

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

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

d. 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.

e. Offeror attempts to inappropriately influence a member of the Evaluation

Committee.

f. Offeror 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.

3.3.8 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 OFFERS CONTENT REQUIREMENTS

Offeror 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.

3.4.1 Cover Letter

The proposal must be submitted with a brief cover letter describing the proposer’s interest and commitment to the proposed project. The letter must include the name, title, address, and telephone number of the individual to whom correspondence and other contacts should be directed during the selection process. The person authorized by the proposer to negotiate a contract with the State must sign the cover letter.

3.4.2 Qualifications and Experience (Evaluated – 25 Points Possible)

Provide resumes for all key personnel, with a focus on showcasing their skills, extensive experience, and overall qualifications. Specifically, we are interested in any past projects like the one at hand or others that were done within educational settings, as this will provide valuable insight into the team's capabilities and expertise in handling similar projects.

3.4.3 Two 1-to-5-minute video samples (Evaluated – 25 Points Possible)

Provide video samples that:

• tell a complete and compelling story.

• is communicated in a simple and easy to understand style.

3.4.4 Offeror’s Equity Lens (Evaluated – 25 Points Possible)

Provide a short-written description of contractor’s ongoing equity work ensuring support for culturally responsive translation practices, including but not limited to: equity lens development, equity, diversity, and inclusion reviews or audits, procedures or structures to ensure equitable hiring practices, etc. in Oregon.

3.4.5 Attachment B – Disclosure Exemption Affidavit (Not Evaluated)

Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) as part of the Proposal.

Submission is required even if Proposer is not identifying confidential or proprietary information and data for nondisclosure. Proposer may indicate – Not Applicable (N/A) on Attachment B if Proposer is not identifying confidential or proprietary information.

If Proposer is identifying items for nondisclosure as confidential or proprietary under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer must specify the reason for the exemption, and must submit an appropriately redacted copy of the complete, original Proposal submission. Proposer must mark the Redacted proposal as “Confidential” in OregonBuys.

3.4.6 Attachment C - Offeror Information and Certification Sheet (Not Evaluated)

Offeror shall complete, sign, and submit the Proposer Information and Certification Sheet (Attachment C).

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

3.4.7 Attachment D – Reference Check Form (Evaluated – 15 Points Possible)

Provide two references from current or former client firms for similar projects performed for any clients within the last three 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, 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 prior to opening.

3.4.8 Attachment E - Cost Sheet (Evaluated – 10 Points Possible)

Submit a detailed Cost Sheet (Attachment E) electronically through OregonBuys stating the price for each deliverable and the total price for the entire project. Include a breakdown of all labor, profit and expenses.

3.4.9 Attachment F – COBID Certification / Outreach Plan (Not Evaluated)

Proposer shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment F).

Submission is required even if Proposer is not providing subcontracting opportunities. Proposer may indicate – Not Applicable (N/A) on Attachment F if not providing subcontracting opportunities.

3.4.10 Attachment G – Responsibility Inquiry (Not Evaluated)

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

Agency must find that Proposer is Responsible in order to award a Contract. Agency may, at any time, find a Proposer to be not Responsible and excuse the Proposer from further participation in the IRFP process.

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

3.4.11 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

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening 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.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

SCORE EXPLANATION

90 – 100%

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.

60 – 89%

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.

50 – 59%

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.

11 – 49%

FAIR – Offeror meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0-10% 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.

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 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 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.

3.5.2.1 Evaluation Item 1: Qualifications and Experience (25 Points)

How well does the Offeror’s Qualifications and Experience:

a. emphasize their skills, extensive experience, and overall qualifications for all key personnel.

b. showcase experience fulfilling past or similar projects?

3.5.2.2 Evaluation Item 2: Cost Proposal (10 Points)

How well does the Offeror’s Cost Proposal:

a. show that Proposer has the ability to perform, manage, and complete the Campaign?

b. show description/service and hourly rates?

3.5.2.3 Evaluation Item 3: Two 1-to-5-minute video samples (25 Points)

How well does the Offeror’s Sample Videos:

a. tell a complete and compelling story?

b. show a simple and understandable style?

3.5.2.4 Evaluation Item 4: References (15 Points)

Offeror’s References:

a. How relevant are the references’ experiences to the requirements of the position or project?

b. How well do the responses address the quality of the offeror’s performance in similar projects?

c. How well do the responses reflect the Offeror's ability to meet customer needs and expectations.

3.5.2.5 Evaluation Item 5: Offeror’s Equity lens (25 Points)

How well does the Offeror’s Equity lens:

a. show equity lens development, equity, diversity, and inclusion reviews or audits, procedures or structures to ensure equitable hiring practices, etc. in Oregon.

b. how well does the submitter understand and live up to Agency’s accessibility priorities?

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 Offeror’s cost using the following formula:

lowest cost of all Offerors X cost points possible = cost score cost being scored

3.7 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:

a. Establishing a Competitive Range

b. Presentations/Demonstrations/Additional Submittal Items

c. Interviews

d. 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.

3.8 PREFERENCES

3.8.1 Recycled Materials

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

3.8.2 Tiebreakers

Oregon Supplies: If Agency receives Offerors identical in cost, 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.

3.9 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.

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

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE

3.5.2.1 Evaluation Item 1 Qualifications and Experience 25

3.5.2.2 Evaluation item 2 Cost Proposal 10

3.5.2.3 Evaluation item 3 Two samples of 1-to-5-minute videos of how students or adults learn

3.5.2.4 Evaluation item 4 References 15

3.5.2.5 Evaluation item 5 Proposer’s Equity Lens 25

3.12 COST POINTS POSSIBLE 100

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.

3.10 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

4.1.1 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.

4.1.2 Notice of Award

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

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 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 B of Attachment A) prior to offer submission.

4.2.2 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:

a. When requested by Agency (normally in an intent to award notice), or

b. 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.

4.2.3 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

4.3.1 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 to the terms and conditions identified as negotiable 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.

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

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.

Agency will only negotiate the following provision:

• Term of the contract

• Descriptions of goods and services

• Compensation

In the event that the parties have not reached mutually agreeable terms within 7 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Offeror.

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 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: Business Oregon : Home : State of Oregon or email:

COBID

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.

5.3 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.

https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, 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 a Contract, if awarded to Offeror, 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 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.

5.6 COST OF SUBMITTING AN OFFER

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.

5.7 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.

5.8 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 OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E COST SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

http://www.oregon.gov/DAS