ITB_S-86000-00006501_CTS_TRS_Revision 1_4.28.2023_AMD 3.pdf

ITB # S-86000-00006501– Telecommunications Relay Services (including CTS) in Oregon - Revision 1/Amendment #3

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STATE OF OREGON

COVER PAGE

Oregon Public Utility Commission

Revised 4/28/2023

Telecommunications Relay Service

Invitation to Bid (ITB) Contract

S-86000-00006501

Date of Issue: 04/12/2023

Closing: 05/11/2023, Time 5:00 PM (Pacific)

Single Point of Contact (SPC): Rich Palmer – Purchasing Agent

Address: 201 High Street SE City, State, Zip: Suite 100 Phone (voice): 503-551-8745 E-mail: Rich.Palmer@puc.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.

mailto:Rich.Palmer@puc.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

1.3 SCHEDULE OF EVENTS

1.4 DEFINITION OF TERMS

1.5 SINGLE POINT OF CONTACT

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

2.2 PROCUREMENT METHOD

2.3 PRE-BID CONFERENCE

2.4 OregonBuys

2.5 QUESTIONS AND CLARIFICATIONS

2.6 PROTEST OF ITB

2.7 PROTEST OF AMENDMENT

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

4.2 RESPONSIBILITY DETERMINATION

4.3 COST COMPARISON

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

4.5 REFERENCES

4.6 METHOD OF AWARD

SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

5.2 INTENT TO AWARD PROTEST

5.3 PAY EQUITY

5.4 NONDISCRIMINATION IN EMPLOYMENT

5.5 OTHER REQUIRED INFORMATION

SECTION 6: CONTRACT EXECUTION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNMENT BODIES

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 COST OF BIDDING

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

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LIST OF ATTACHMENTS

ATTACHMENT A – COST FORM

ATTACHMENT B – SAMPLE CONTRACT

ATTACHMENT C – SAMPLE_TRS_CTS QUARTERLY REPORT

ATTACHMENT D – BID COVER SHEET

ATTACHMENT E – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F – RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 SUMMARY OVERVIEW

The State of Oregon Public Utility Commission, (“Agency”), is issuing this Invitation to Bid (ITB) to establish a Contract for Services

Background

Congress created the Telecommunications Relay Service (TRS) in Title IV of the Americans with Disabilities Act of 1990, 1 codified at Section 225 of the Communications Act of 1934, as amended. Congress also directed the Federal Communications Commission (FCC) to prescribe regulations to ensure that interstate and intrastate TRS are available, to the extent possible and in the most efficient manner to individuals who are deaf, hard of hearing, deafblind or have speech disabilities to communicate by telephone in a manner that is functionally equivalent to telephone services used by persons without such disabilities.

Pursuant to 47 U.S.C. § 225(b)(1), costs incurred by the provision of intrastate TRS must be recovered from the intrastate jurisdiction. The State of Oregon, through the Public Utility Commission of Oregon, has been certified by the FCC to assume intrastate jurisdictional authority for the provision of TRS, including Captioned Telephone Service (CTS). Costs are recovered through the Residential Service Protection Fund surcharge levied on each paying landline, cellular, and interconnected voice over internet protocol service subscriber with access to the Oregon Telecommunications Relay Service.

The purpose of the Invitation to Bid is to establish a single Contract to a single responsible Bidder for high-quality provision of intrastate TRS, including CTS, in Oregon 24 hours a day, 7 days a week, 365 days a year.2 The initial term of the Contract awarded will be for three (3) years, with an option to extend for two 2-year renewals , up to a maximum of seven (7) years from the effective date of the Contract.

Nothing in this ITB precludes Bidder’s from offering and providing enhanced TRS and CTS features that exceed the federal mandatory minimum standards.

Nothing in this ITB precludes the successful Bidder from offering other related services that advances the availability of telecommunications access to Oregonians with disabilities for the Oregon Public Utility Commission’s consideration.

1 Bidder shall provide Spanish language CTS from 7 a.m. to 11 p.m. CST.

2 Bidder shall provide Spanish language CTS from 7 a.m. to 11 p.m. CST.

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• Agency anticipates the award of one Contract resulting from this ITB.

• Required delivery date for service: September 1, 2023

1.2 SCOPE OF WORK/STATEMENT OF WORK/SPECIFICATIONS

Bidder shall comply with and meet or exceed all operational, technical and functional mandatory minimum standards in FCC regulations governing TRS and CTS under 47 CFR § 64 Subpart F, 47 CFR § 9 Subpart E, and 47 CFR § 64 Subpart EE unless a waiver of specific regulations has been adopted by the FCC.

Bidder shall commence the uninterrupted availability of TRS and CTS no later than 12:01 a.m. Pacific Time on Friday, September 1, 2023.

CTS

Bidder's CTS services must include a testing program which requires a proficiency level of 130 words per minute speed of transcription with a 98% accuracy in a testing environment. Errors are words that materially change the context of the sentence, including missing words or sentences.

Business Continuity or Contingency Plan

Bidder shall develop and maintain a business continuity or contingency plan to maintain or minimize disruption or downtime in the delivery of TRS and CTS, to the maximum extent possible, in the event of force majeure, pandemics, epidemics, fire, riot, acts of God, terrorist acts or other acts of political sabotage, or war. Bidder shall provide a copy of the business continuity or contingency plan to Agency upon request.

Bidder shall ensure Bidder’s TRS and CTS centers are equipped with redundant systems for power, using a combination of battery backup, commercial uninterrupted power supply, or auxiliary generator to supply uninterruptible power supply to the TRS and CTS centers for a minimum of eight (8) hours. Redundant systems for power include automatic call distributor/telecom switching equipment, call processing servers, data network servers, and Local Area Network gear.

Upgrades and Downtime

Bidder shall report significant scheduled TRS and CTS network upgrades at least two

(2) business days prior to the event for any changes to the TRS and CTS platform. If Bidder knows in advance that the event will negatively impact consumers or the provision of TRS and CTS, Bidder shall notify Agency as early as practical, but no less than two (2) business days to assist the Agency, in identifying options for mitigating impact and notifying consumers.

https://www.ecfr.gov/current/title-47/part-64/subpart-F https://www.ecfr.gov/current/title-47/chapter-I/subchapter-A/part-9/subpart-E https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-EE?toc=1

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Bidder shall notify Agency within one (1) business day if a major problem occurs, i.e., any disruption or downtime of TRS and CTS that lasts more than fifteen (15) minutes. Bidder shall file a succinct report in an Agency-designated docked that includes at a minimum the following information.

a. Explanation of issue,

b. How and when the issue occurred,

c. What was required to rectify the issue, and

d. Date and time TRS and CTS returned to full operation.

Bidder shall file the report within thirty (30) business days after Bidder became aware of the issue.

Reports

Complaint Log

Pursuant to 47 CFR § 64.604(c)(1)(i), Bidder shall maintain and submit a cumulative quarterly log of all consumer complaints received about TRS and CTS in Oregon, whether filed with the Bidder or the Agency.

Bidder shall email the cumulative complaint log in Excel to Agency by the 21st of the following month of the preceding quarter.

Bidder shall submit a draft of the annual complaint log in Excel to Agency on or before June 15 of each year.

Traffic Report

Bidder shall email a cumulative quarterly traffic report for the fiscal year (See Attachment C) in Excel to Agency by the 21st of the following month of the preceding quarter.

Annual Report

Bidder shall develop and submit an annual report based on information from the fiscal year (i.e., September 1 – June 30 for first 10 months of contract and July 1-June 30 thereafter) of each year preceding the due date of the annual report and includes, at a minimum, the following.

e. TRS and CTS Conversation Minutes,

f. TRS and CTS Call Volume,

g. Call Origination,

h. Total Number of Complaints, Commendations and Inquiries or General

Assistance,

i. Projected Minutes for Upcoming Fiscal Year,

j. Education and Outreach, if any, and

k. Overall TRS and CTS Statistics.

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The draft annual report is due to the Agency on or before August 30 for review and approval. Bidder shall file final annual report in Agency-designated docket.

Interstate TRS Fund Annual State Data Request

Pursuant to FCC Order 07-186, Bidder shall provide Agency with the data for the Interstate TRS Fund State Annual Data Request.

Oregon TRS Program Certification

Bidder shall provide to Agency by the date mutually agreed upon by the Bidder and Agency all pertinent federally required information essential to the Oregon TRS Program Recertification Application with the FCC.

Key Persons

Bidder’s Key Person(s) for the Contract are:

Name, Title, Phone Number, Email Address

Bidder’s Key Person(s) shall be point of contact for Agency in matters of contract performance and management.

Education and Outreach

Bidder shall coordinate with Agency to provide bill inserts and directory pages, in electronic format, to carriers in Oregon to promote TRS and CTS. Development of marketing collateral is subject to Agency review and approval.

Bidder shall collaborate with Agency in development and maintenance of a professional brochure, in English and Spanish, that highlights the services available through TRS, including CTS, in addition to information about the Agency’s Telecommunication Devices Access Program. Development of brochure is subject to Agency review and approval. Agency will incur cost of printing and distribution.

Agency may require Bidder to attend the biannual Telecommunication Devices Access Program Advisory Committee meetings virtually to provide a status report on the provision of TRS and CTS.

Invoice

Bidder shall email monthly invoice by the 21st of each month for the preceding month for services completed to Agency.

Liquidated Damages

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If Bidder fails to meet the daily average speed of answer, i.e., 85% of all TRS and CTS calls within ten (10) seconds, Agency may deduct from Bidder's monthly invoice as liquidated damages the sum of $100.00 per day.

If Bidder fails to meet the call blockage standard of P.01 or less, Agency may deduct from Bidder's monthly invoice as liquidated damages the sum of $100.00 per day.

If Bidder fails to maintain uninterrupted availability of TRS and CTS 24 hours a day, 7 days a week, 365 days a year, Monday through Sunday, effective at 12:01 a.m. PT on July 1, 2023, or if Bidder suffers a service outage that is not caused by force majeure, fire, riot, acts of God, terrorist acts or other acts of political sabotage, or war, Agency may deduct from Bidder's monthly invoice liquidated damages the sum of $100.00 per day.

Bidder shall not be charged liquidated damages nor will Bidder be held in default or charged with a breach of the Contract when the delay in delivery or performance arises from forces or causes beyond Bidder's reasonable control and without the fault or negligence of Bidder. Bidder shall not be charged liquidated damages if the FCC adopts an Order waiving the speed of answer in 47 C.F.R. § 64.604(b)(2)(ii) and Bidder shall bear the burden of proof of establishing that such delay in delivery or performance was not within its reasonable control or was without its fault or negligence.

Liquidated damages are in addition to any other remedies available to the State of Oregon.

1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. Agency may modify these dates at any time, with appropriate notice. All times are Pacific Time (PT).

EVENT DATE TIME (Pacific Time)

Questions and Clarifications Due 5/9/2023 5:00

P.M.

Answers to Questions and Clarifications Due

(approximate) 5/10/2023 5:00

P.M.

Addenda published ITB Protests Period Ends 7 calendar days prior to

ITB Closing

Opening (Due Date and time to submit Bids ) See cover page

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Opening of Bids 5/12/2023 9:00 A.M.

OregonBuys Notice of Intent to Award (approximate)

5/26/2023

Notice of Intent to Award Protest Ends 7 days from Notice of Intent to Award

Contract Execution (approximate) 6/5/2023

Agency operating hours are:

Monday through Friday 8:00 AM to 5:00 PM, Pacific Time, except for state holidays and State approved closures, including those for inclement weather.

1.4 DEFINITION OF TERMS

For the purposes of this ITB, unless specifically defined in this ITB, capitalized words have the meanings provided in OAR 125-246-0110. These definitions do not apply to the Proposed Contract attached as Attachment B.

1.4.1 GENERAL DEFINITIONS

“Billable Conversation Minutes” means conversation minutes that are measured by conversation time between the calling and called party, including voicemail and interactive voice response. Conversation minutes do not include time for call set-up, ringing, waiting for the called party to answer, or call wrap-up, and do not encompass calls that reach a busy signal or are not answered.3

“Billable Session Minutes” includes all the time the CA or Relay Operator (RO) spends on a call to the relay center, i.e., from the time the call is connected to the CA or RO, regardless of whether the called party answers the call. 4

“Captioned Telephone Service” or “CTS” is used by persons with hearing loss who have some residual hearing. CTS involves the use of a captioned telephone which has a built-in screen that displays real-time text captions of the non-CTS consumer’s side of the conversation. The CTS consumer, on one line, can speak to the called party and simultaneously listen to the other party and read captions of what the other party says. A specially trained communication assistant (CA) re-voices the information conveyed by the non-CTS consumer and automated speech recognition technology automatically transcribes the CA’s voice into captions displayed on the captioned telephone.

“Signaling System 7” or “SS7” is a longstanding telecommunications protocol and standard for both landline and mobile phone service that defines how the network in a public switched telephone network (PTSN) exchange information and control

3 4 See Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, Further Notice of Proposed Rulemaking, 21 FCC Rcd 8379, 8385, at para. 9 n.41 (July 20, 2006).

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“Telecommunications Relay Service” or “TRS” allows persons with hearing or speech disabilities to place and receive telephone calls.

“SPC” means the Single Point of Contact listed on the cover page of this ITB. All communications related to any provisions of this ITB shall be directed only to the SPC to ensure every Bidder receives the same information.

“Schedule of Events” means the specific time and dates events relating to this ITB will occur.

“Successful Bidder” means the person(s), organization(s) to which the award is made.

1.5 SINGLE POINT OF CONTACT

All questions, requests for clarification, and protests about any component of this ITB, including the technical requirements, contractual requirements, and the procurement process must be directed to the SPC identified on the cover page of this ITB.

SECTION 2: ITB PROCESS

2.1 PROCUREMENT AUTHORITY

Agency is conducting this ITB pursuant to ORS 279A.050, OAR 125-246-0170(3) and Delegation

#REQ-DASOBO-00035848

2.2 PROCUREMENT METHOD

Agency is using the Competitive Sealed Bidding method, pursuant to ORS 279B.055 and OAR 125- 247-0255, and may use any available optional procedures.

2.3 PRE-BID CONFERENCE

Reserved

2.4 OREGONBUYS

This ITB, including all Amendments, attachments and exhibits is posted on the OregonBuys website at https://oregonbuys.gov/bso/. Alternative Accessibility to Amendments, Attachments, and Exhibits. If an exhibit, attachment or Amendment is used, but cannot be viewed or downloaded through OregonBuys website, the ITB will include instructions on how to obtain these documents.

2.4.1 OREGONBUYS REGISTRATION INFORMATION

Current and correct registration information is the sole responsibility of the registered party.

Agency accepts no responsibility for missing or incorrect information.

2.5 QUESTIONS AND CLARIFICATIONS

All questions and requests for clarification, related to this solicitation must:

https://oregonbuys.gov/bso/

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• Be submitted in writing via email to the SPC identified on the cover page of this ITB

• Reference the ITB # S-86000-00006501

Identify the section number and the passage.

Include name and contact information of party submitting question or clarification.

• Be received by the due date for questions and clarifications identified in Section 1.3 of this ITB.

Questions by telephone are not accepted.

Agency will respond to questions and requests for clarifications through the OregonBuys website.

In its’ sole discretion, Agency, may change this ITB by written Amendment and post to the OregonBuys website. Clarifications, corrections or changes to this ITB made in any other manner are not binding on the State.

2.6 PROTEST OF ITB

Protests to this ITB, including the specifications and requirements of the ITB and the terms and conditions of the Sample Contract, must be submitted in writing to the SPC identified on the cover page of this ITB.

Protests must be submitted by the due date in Section 1.3, or Section 2.7 for Amendment. Agency will not consider protests received after these deadline(s).

Protests must include:

• Protestor name and contact information;

• The ITB # S-86000-00006501

• Reason for the protest, including:

1) Grounds demonstrating how the procurement process is:

a) Contrary to law, and/or

b) Unnecessarily restrictive, and/or

c) Legally flawed, and/or

2) Provide evidence and documentation supporting the grounds on which the protest is based.

• Any proposed changes to the ITB provisions or other relief sought.

Agency will address all protests meeting the requirements within a reasonable time and will issue a written decision. Protests not meeting these requirements will not be considered by Agency.

Protests will be received by the following methods:

• Emailed to the SPC identified on the cover page of this ITB.

AMENDMENT

Unless otherwise stated in the ITB, Agency shall post any Amendment on the OregonBuys website.

Amendment are incorporated into this ITB by this reference and can be viewed and downloaded

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2.4.2. Bidder is responsible for monitoring OregonBuys regularly until ITB Closing. Agency is not responsible for sending Amendment to any prospective Bidder.

2.7 PROTEST OF AMENDMENT

Unless a modified deadline is set forth through Amendment, a prospective Bidder may submit a protest of the Amendment by the close of the next business day after the issuance of the Amendment, or no later than the due date for Protests of ITB identified in Section 1.3 of this ITB, whichever is later. Unless otherwise specified in the Amendment, a protest must be submitted in the same manner as a protest of the ITB under Section 2.6.

SECTION 3: INSTRUCTIONS TO PROSPECTIVE BIDDERS

3.1 ACCEPTANCE PERIOD

Bids are firm offers for a period of 90 calendar days from Closing.

3.2 BID SUBMISSION REQUIREMENTS (GENERAL)

3.2.1 BID FORMAT

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery.

3.2.2 SUBMITTING BIDS

Bidder is solely responsible for ensuring its Bid is received at Agency in accordance with the ITB requirements, by closing, at the location specified on the cover page of this ITB. Agency shall not be responsible for any delays in delivery.

3.2.3 QUANTITY OF BIDS TO BE SUBMITTED

One Bid with original signature, and all required documents must be submitted on or before Closing (date and time) via email to the SPC.

The Bid shall be submitted via email to the SPC with the following information:

• Name of Bidder (or Company Name)

• ITB Number

• Closing (date and time)

• SPC Name

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3.2.4 BID MODIFICATION

It is the responsibility of the Bidder to ensure modified Bids are submitted before the Closing date and time.

A Bidder wishing to make modifications to a Bid already received by Agency must:

• Withdraw its Bid in order to make modifications and resubmit the Bid pursuant to Section 3.2.5.

• Submit modification(s), in writing via email to the SPC on Bidder’s letterhead, noting the specific change(s) to the original Bid submission. All modifications made to a Bid must be properly initialed or signed by Bidder’s authorized representative.

3.2.5 BID WITHDRAWAL

If a Bidder wishes to withdraw its Bid, the Bidder must withdraw its Bid prior to Closing date and time. The Bidder must submit a written notice via email to the SPC on Bidder’s letterhead of intent to withdraw its Bid. The notice must identify the ITB number, be signed by the authorized representative and be received by the SPC identified on the cover page of this ITB prior to the Closing date and time.

3.2.6 LATE BIDS

Late bids will NOT be accepted or reviewed. Late Bids will not be returned to the respective Bidder.

3.2.7 OPENING OF BIDS

Bids will be opened after close date and time. BID REQUIREMENTS (PASS/FAIL)

Bids will be reviewed on a Pass/Fail basis. Failure to provide any of the information or comply with any of the requirements in this section 3.3 and its subsections MAY be considered nonresponsive.

Agency has the right to determine if Bids substantially meet the requirements of this ITB.

3.2.8 CLOSING

Bids must be submitted by Closing to be considered.

3.2.9 REQUIRED FORMS

Bidder must submit the following forms:

• Attachment A – Cost Form

• Attachment D – Bid Cover Sheet

• Attachment E – COBID Certification / Outreach Plan

3.2.10 AUTHORIZED SIGNATURE

The Bid must be signed by person(s) legally authorized to bind the Bidder to the Bid and Contract resulting from this ITB. Upon request by Agency, any representative submitting a Bid on behalf of the Bidder shall provide a current document certifying the representative’s

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3.2.11 REFERENCES

Bidder must provide 3 references from similar projects performed for any clients within the last 5 years. Information provided must include:

• Reference name, telephone number, email and mailing address;

• Description of services or products provided;

• Service or product delivery starting and ending dates; and

• Reference representative name, telephone number, and email address.

3.2.12 KEY PERSONS

Bidder must identify Key Persons and the roles each will serve. Include resumes of background, experience and expertise related to the specific work.

SECTION 4: BID REVIEW METHODOLOGY

4.1 RESPONSIVENESS DETERMINATION

A Bid received prior to Closing will be reviewed to determine if it is Responsive to all ITB requirements including compliance with Bids Requirements section. If the Bid is unclear, the SPC may request clarification from Bidder. However, clarifications may not be used to rehabilitate a non-Responsive Bid. If the SPC finds the Bid non-Responsive, the Bid may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

4.2 RESPONSIBILITY DETERMINATION

Agency will determine if an apparent successful Bidder is Responsible prior to award and execution of the Contract. Selected Bidder(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of receipt of Intent to Award notice.

At any time prior to award, Agency may reject a Bidder found to be not Responsible.

At any time prior to award, Agency may reject a Bidder found to be not Responsible.

4.3 COST COMPARISON

Agency shall award the Contract to the lowest Responsible Bidder whose bid substantially complies with the requirements and criteria set forth in this Section.

4.4 MINIMUM QUALIFICATIONS (PASS/FAIL)

1. Bidder must have at least five (5) years’ experience providing TRS and CTS through a contract with two (2) or more individual states for the design, operational management, and provision of TRS to persons who are deaf, deaf-blind, hard of hearing, and speech-disabled pursuant to applicable federal telecommunications statutes, regulations and orders governing TRS.

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2. Bidder must meet all mandatory minimum standards and regulations relating to TRS and CTS as promulgated by the FCC in 47 C.F.R. Sections 64.601, et seq., and all other applicable FCC Rules and Regulations and Orders.

3. Bidder must provide all necessary facilities, equipment, software, circuits, telephone service, staff, training, implementation, operational management, billing, testing, reporting and other program elements as may be needed for the provision of TRS and CTS.

4. Bidder must provide fully functional SS7 or an operationally better signaling system capability for calls within their network and possess the ability to transfer calls outside their network with all call information.

4.5 REFERENCES

Agency may check to determine if references provided are supportive of the Bidder’s ability to comply with the requirements of this ITB. Failure to provide complete and accurate information in a Bid may be cause for rejection.

Agency may conduct other reference checks with persons whose names have not been provided by Bidder, but whom Agency has knowledge. Agency may use references to obtain additional information, break ties, or verify any information needed.

4.5.1 RECYCLED MATERIALS

RESERVED

4.5.2 PUBLIC PRINTING

RESERVED

4.5.3 TIEBREAKERS

Oregon Supplies: If Agency receives Bids 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.

4.6 METHOD OF AWARD

4.6.1 GENERAL AWARD

If awarded, Agency must award the Contract to the Responsible Bidder submitting the lowest, Responsive Bid. Agency may award by item, groups of items or the entire Offer provided such Award is consistent with this ITB and in the public interest.

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SECTION 5: INTENT TO AWARD

5.1 INTENT TO AWARD NOTIFICATION

After a final selection is made, Agency will issue a notice of Intent to Award on OREGONBUYS. Bid files are public records and available for review at Agency by appointment.

5.2 INTENT TO AWARD PROTEST

An Affected Bidder shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Bidder is an Affected Bidder only if the Bidder would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in

ORS 279B.410:

• All lower Bids are non-Responsive.

• Agency has failed to conduct an evaluation of Bids in accordance with the criteria or process described in the ITB.

• Agency abused its discretion in rejecting the protestor’s Bid as non-Responsive.

• Agency’s evaluation of Bid or determination of award otherwise violates ORS Chapter

279A or ORS Chapter 279B.

If Agency receives only one Bid, Agency may dispense with the evaluation process and Intent to Award protest period and proceed with Contract award.

5.2.1 PROTESTS MUST:

• Be delivered to the SPC via email

• Reference the ITB number

• Identify Bidder’s name and contact information

• Be signed by an authorized representative

• Specify the grounds for the protest

• Be received within 7 calendar days of the Intent to Award notice

5.2.2 RESPONSE TO PROTEST

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Bidder. Protests that do not include the required information may not be considered by Agency.

5.3 PAY EQUITY

If selected for award and as applicable, Bidder shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate issued to the Bidder by the Oregon Department of Administrative Services. See https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx for requirements.

https://www.oregon.gov/das/Procurement/Pages/Supplier.aspx

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

As required by ORS 279C.520, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 NONDISCRIMINATION IN EMPLOYMENT

As a condition of receiving the award of a Contract under this ITB, Bidder must certify, in accordance with ORS 279A.112, it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice of a policy that both prohibits, and prescribes disciplinary measures for, conduct constituting sexual harassment, sexual assault, or unlawful discrimination.

5.5 OTHER REQUIRED INFORMATION

5.5.1 INSURANCE

Prior to award, Bidder shall secure and demonstrate to Agency proof of insurance as required in this ITB. Insurance Requirements are found in Exhibit B of Attachment B.

SECTION 6: CONTRACT EXECUTION

After submission of the required information and insurances identified in the ITB by the awardee and obtaining all requisite approvals required, Agency will proceed with final award. The Contract attached hereto as Attachment B is not negotiable.

Contractor shall not commence work under the Contract until the Contract has been executed and the Agency has provided the Contractor with the Notice to Proceed.

SECTION 7: ADDITIONAL INFORMATION

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 18 of 19

7.1 GOVERNMENT BODIES

Under ORS Chapter 190, Agency may enter into an agreement with another government body for the Goods or Services that are the subject of this ITB. Intergovernmental agreements are not subject to the Public Contracting Code. If Agency receives an Offer from a government body, Agency will initially review the Offer according to the same criteria set forth in this ITB. Agency, in its sole discretion, may enter into an ORS Chapter 190 agreement with any government body for the Goods or Services, or any portion thereof and cancel this ITB if it would be in the public interest as determined by Agency.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

Bids submitted in response to this ITB become the property of Agency. The submission of a Bid in response to this ITB 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 Bid solely for the purpose of evaluating the Bid, awarding a Contract, or as otherwise needed to administer the ITB process, and to fulfill obligations under Oregon Public Records Laws. Bids, including supporting materials, will not be returned to Bidder unless Agency cancels this ITB prior to the Closing identified in Section 1.3.

7.3 COST OF BIDDING

Bidders must pay all costs of bidding including, but not limited to, the cost to prepare and submit Bids, samples and other supporting materials, or to participate in demonstrations, if required by this ITB.

7.4 CANCELLATION AND/OR REJECTION OF BIDS/DAMAGES

Pursuant to ORS 279B.100, Agency may reject any or all Bids in whole or in part, and may cancel this ITB at any time when the rejection or cancellation is in the best interest of the State. Agency, the State, and their officers, employees and agents are not liable to any Bidder for any loss or expense caused by or resulting from the delay, suspension, or cancellation of this ITB, or rejection of any or all Bids. Unless Agency cancels this ITB prior to the Closing identified in Section 1.3, all Bids will become part of the public record without obligation to Agency.

7.5 CONFIDENTIAL OR PROPRIETARY INFORMATION

Following award of Contract, responses to this ITB are subject to public information requests unless the response or specific information contained therein is identified as exempt from public disclosure. Bidder is advised to consult with legal counsel regarding disclosure issues.

If Bidder believes any portion of its Bid contains information considered 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, each page containing such information must include the following:

“This data is exempt from disclosure under the Oregon Public Records Law pursuant to ORS 192, and is not to be disclosed except in accordance with the Oregon Public Records Law, ORS 192.311 through 192.478.”

Identifying the Bid in whole as exempt from disclosure is not acceptable. Cost information

DAS Procurement Services, Version 1.0 – February 20, 2019 Page 19 of 19 submitted in response to an ITB is generally not considered a trade secret under Oregon Public Records Law. If Bidder fails to identify the portions of the Bid which Bidder claims are exempt from disclosure, Bidder is deemed to have waived any future claim of non-disclosure of that information.