OCWCOG RFP Broadband.docx

OREGON CASCADES WEST COUNCIL OF GOVERNMENTS

Request for Proposals Regional Broadband Strategy & Funding Response Proposal Closing:

2:00 PM, Wednesday, July 20, 2022

Proposals must be submitted on or before the proposal closing date and time stated above to:

Oregon Cascades West Council of Governments Broadband Strategy & Funding Response Proposal Single Point of Contact:

Anne Whittington Oregon Cascades West Council of Governments 1400 Queen Ave. SE Albany, OR 97322 awhittington@ocwcog.org 541-223-2724

Oregon Cascades West Council of Governments

REQUEST FOR PROPOSALS (RFP)

FOR REGIONAL BROADBAND STRATEGY & FUNDING RESPONSE

Notice is hereby given that Oregon Cascades West Council of Governments (OCWCOG), a local government in Linn County, Oregon, solicits proposals for a Regional Broadband Strategy & Funding Response as required by ORS 297.425.

SCHEDULE:

SUBMISSION OF PROPOSAL:

Proposals must be received by 2 p.m. PST on July 20, 2022. No faxed proposals will be accepted.

TABLE OF CONTENTS

PURPOSE

This Request for Proposal (RFP) is being issued by Oregon Cascades West Council of Governments (OCWCOG). The purpose of this notice is to invite vendors to submit their proposals to create a Regional Broadband Strategy (Strategy) and Funding Response for Benton, Lincoln, & Linn County, Oregon region. A selection committee, comprising stakeholders from the region, will then review the proposals and select from those bids the best proposal.

The selected Proposer will be commissioned to facilitate both a near-term Funding Response and complete a Regional Broadband Strategy. The initial focus will be on connecting near-term project concepts, and other actionable steps towards providing enhanced and reliable Broadband Internet Service to our three-county region lacking appropriate coverage to immediate funding opportunities (with an emphasis on BEAD and Digital Equity grants). Focus will then turn to broader longer-term support structures contributing to the ability of rural and urban centers to increase speeds and equitable access. OCWCOG, along with its partners from the region, will work in tandem with the contractor to ensure the completion of the near and long-term strategies to the satisfaction of the review committee, as well as provide any technical assistance that might be necessary.

All notices related to this RFP will be posted on the Oregon Buys Network which is accessible at: https://oregonbuys.gov/

ABOUT THE ORGANIZATION

The Oregon Cascades West Council of Governments (OCWCOG) is organized under Oregon Revised Statutes Chapter 190 as a voluntary-created intergovernmental council formed by Benton, Linn and Lincoln counties. The council was chartered as a Type B Area OCWCOG on Aging in 1982. The purpose of the Council is to be aware of and facilitate communication relating to the region’s physical and social condition, provide staff resources to local governments to assist in programs or activities that are locally beneficial. Operations include services to elderly and/or disabled persons in economic or social need, veterans, loan packaging, and assistance to member cities and counties in economic planning and development. Funding for programs and administration is received under the Federal Older Americans Act, Oregon Project Independence, Social Security Act – Title XIX, federal grants and loans, State of Oregon programs, other local governments, fund raising, community groups and individual donations. Most of its funding is provided by way of contracts to administer specific services. More information is available at OCWCOG’s website, www.ocwcog.org.

SCOPE OF WORK

The primary aim of these Strategies is the identification of near and longer-term actionable steps, the necessary support structures to achieve those steps, and completion of the most time sensitive steps (those related to immediate federal and state funding opportunities).

The scope of work is outlined in greater detail in Exhibit A, and consists of the following two Components:

Component 1 – Responsiveness to Near-Term Broadband Funding Component 2 – Cohesive Regional Broadband Strategy Proposals must present an outline and description of the analysis to be conducted, a work plan, and schedule for key deliverables and deadlines. The scope of work may require a team of grant writers, planners, engineers, facilitators, and consultants with a broad set of skills to execute the project. The successful applicant will develop a clear and logical methodology to analyze the topics and key objectives specified in the components of this RFP.

Schedule and Budget OCWCOG has reserved $260,000 for this project. OCWCOG expects completion of the work by January 31, 2023, for Component 1 (the Funding Response) and August 30, 2023 for Component 2 (the Regional Broadband Strategy).

Benton, Lincoln & Linn County region has found some consensus around the following near-term broadband Vision:

“Maximize outside funding secured by County agencies and partners to address unmet local needs for affordable, resilient, high speed internet connectivity across our three-county region.” The ultimate goal is broadband that is available and affordable, reliable, and resilient, and fast.

To support this the region is interested in:

OCWCOG has outlined an initial scope of work (Exhibit A) intended to address the vision, goals, and tactics.

In this section of the Proposal, please describe your proposed approach to the project and your methodology for providing the services. Take this opportunity to specify any unique characteristics that may distinguish you from other potential contractors for these services. Please include a timeline for each activity.

QUALIFICATONS

In this section, provide documentation that the Proposer has at least 5 years’ experience with demonstrable success in telecom planning (including deployment, infrastructure, governance, finance), broadband resource development and grant writing, and engagement of multiple stakeholders and incorporating diverse feedback (e.g., public, private, rural, urban, IT, economic development).

Failure to meet these minimum qualifications will cause the Proposal to be considered non-responsive, and it will be removed from further consideration.

Vendor’s Experience/ Available Staff’s Experience In this section of the Proposal, provide information regarding the Proposer's experience with Broadband related development, implementation, and planning, and specifically projects at a regional scale and with numerous independent partners.

Provide the resumes of the key personnel (prime and/or subcontractor) capable of providing the services across each scope of work item and project deliverable. Please also include an organizational chart identifying the name, title, and firm for each key staff member and how the project team will interact with OCWCOG.

TERM OF CONTRACT

Any contract awarded pursuant to this RFP solicitation shall be for a contract period up to 13 months, with the possibility of an extension.

SUBMITTAL REQUIRMENTS

RFP responses must be submitted by e-mail copy sent to awhittigton@ocwcog.org by 2:00 PM PST on July 20, 2022. Each respondent shall submit the following documents in a clear, legible, 12-point font, and 8.5 by 11-inch format limited to twenty-five (25) single-sided pages. Responses must be submitted via e-mail or they will not be considered. Respondents are advised to adhere to the Submittal Requirements. Failure to comply with the instructions of this RFP will be cause for rejection of submittals. All materials submitted by the proposer as part of the proposal will be considered the property of OCWCOG and will not be required to be returned to the proposer.

OCWCOG reserves the right to seek additional information to clarify responses to this RFP. Each response must include the following:

Proposal Content and Format

To simplify and expedite the review process, OCWCOG requests that Proposers prepare proposals in the standard format specified below:

A. Title Page Proposer should identify the RFP subject, name of the firm, local address, telephone number, fax number, name and title of contact person, date of submission, and period for which the proposal is effective.

B. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted.

C. Transmittal Letter The transmittal letter should be not more than two pages long and should include as a minimum the following:

Each submittal shall contain the following:

Signed and dated proposal response sheet.

Responses to all the questions in this RFP Fees Proposed.

Signed Addenda (if any).

E. General Information Each proposal response must contain responses to the following questions appearing in this section:

Threshold Requirements These documents must be submitted and acceptable before OCWCOG will review the Regional Broadband Strategy and Funding Response proposal:

Evidence of Insurance

i. Commercial General Liability with limits $1,000,000 Per Occurrence / $2,000,000 General Aggregate / $2,000,000 Products and Completed Operations Aggregate. Aggregates shall apply per Project.

ii. PROFESSIONAL LIABILITY insurance with limits not less than $1,000,000 per claim and $1,000,000 annual aggregate with 24 months tail coverage.0; and

iii. Workers Compensation; and, Employers Liability 500,000 each accident / $500,000 policy limit / $500,000 each employee

Pay Equity Compliance As required by [ORS 279B.235 or 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 OCWCOG 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.

SELECTION PROCESS

The Selection Committee comprised of OCWCOG staff and potentially outside parties will review qualifications in accordance with the evaluation criteria set forth herein. Proposals that are submitted timely and comply with the mandatory requirements of the RFP will be evaluated in accordance with the terms of the RFP. Any contract resulting from this RFP will not necessarily be awarded to the vendor with the lowest price. Instead, contract shall be awarded to vendor whose proposal received the most points in accordance with criteria set forth in RFP.

1. Questions/Requests for Clarification Questions regarding this RFP should be submitted in writing via email to awhittington@ocwcog.org prior to the deadline in the RFP Schedule.

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EVALUATION CRITERIA AND SCORING

In evaluating responses to this Request for Proposal, OCWCOG will take into consideration the experience, capacity, and costs that are being proposed by the Respondent.

A selection committee will rank each item of the Proposal based on the maximum possible points listed below. Listed categories will be evaluated by each member of the selection committee.

There is no category for rating a narrative approach on its merits. A narrative approach may be considered, where appropriate, to expand a Proposer's explanation regarding any of the following evaluation categories.

A. (Up to 30 points) “Coordinator's Experience” / “Available Staff's Experience” Consider the Coordinator's experience within the past 5 years with the type of service offered to OCWCOG. Review the references provided by the Proposer and evaluate the firm in each of the following categories:

B. (Up to 50 points) “Project/Contract Methodology” Evaluate each firm based on its proposed methodology for the performance of this contract. Consider each firm's understanding of the purpose and scope of this project/contract. Evaluate the soundness of the strategy and actionable items; assess how achievable the deliverables are for the contract period.

C. (Up to 20 points) “Other Evaluation Categories” Evaluate each vendor based on favorable reviews (including from internet sources) provided by the vendor and any additional information relevant to the proposed project. This may include, but is not limited to, innovative ideas and previous experience of working in the OCWCOG Region.

At the conclusion of the rated criteria evaluation process of the written proposals and prior to selection, OCWCOG may continue the evaluation process with the responsive proposers who have the highest criteria ratings (the Short List). OCWCOG may expand or decrease the Short List if, it is the opinion of the selection review committee that the number of proposals or the quality of the proposals warrants an increase or decrease in the number of responsive proposers on the Short List. OCWCOG may decide to forego evaluation of a Short List and award the contract to the highest rated proposer from evaluation of written proposals, subject to satisfactory agreement as to preliminary design, budget and remaining unresolved contract issues.

Evaluation of the Short List will be based on criteria developed by the evaluation committee prior to the commencement of Short List evaluation. These criteria and procedures for evaluation will be issued out as an addendum to the Proposers on the Short List. Criteria used as evaluation methods may include interviews, work samples, demonstrations, other testing, or examinations.

NEGOTIATION

After selection of a successful Proposer, OCWCOG may enter into contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP.

It may be possible to negotiate some provisions of the final Contract; however, OCWCOG is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that OCWCOG believes modifications to the standard provisions constitute increased risk and increased cost to our agency. Therefore, OCWCOG will consider the Scope of requested exceptions in the evaluation of Proposal.

SUBMITTAL DUE DATE

Responses to this RFP are due by 2:00 p.m. on July 20, 2022. Responses to this RFP must be e-mailed to: Anne Whittington, at awhittington@ocwcog.org.

Hard copies will not be accepted.

RESERVATION OF RIGHTS

OCWCOG reserves the right to: seek clarifications of each proposal; negotiate a final contract that is in the best interest of OCWCOG, its members, and the public; reject any or all proposals; cancel this RFP at any time, if doing so would be in the public interest, as determined by OCWCOG in its sole discretion; award the contract to any proposer based on the evaluation criteria set forth in this RFP; waive minor informalities contained in any proposal, when, in OCWCOG’s sole judgment, it is in OCWCOG’s best interest to do so; and request any additional information OCWCOG deems reasonably necessary to allow OCWCOG to evaluate, rank and select the most qualified Proposer to perform the services described in this RFP.

PUBLIC OPENING

Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

NON-DISCRIMINATION

Submittal of a proposal in response to this RFP evidences proposer’s agreement that, in performing the work called for by this RFP and in securing and supplying materials, proposer has not and will not discriminate against: 1) any person on the basis of race, color, religious creed, political ideas, sex, sexual orientation, source of income, age, marital status, physical or mental handicap, national origin or ancestry unless the reasonable demands of employment are such that they cannot be met by a person with a particular physical or mental handicap; and 2) a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise certified under ORS 200.055, or a business enterprise that is owned or controlled by, or that employs a disabled veteran as defined in ORS 408.225.

COST OF SUBMITTING A PROPOSAL

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

OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public record and are subject to public inspection after OCWCOG issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of OCWCOG. By submitting a Proposal in response to this RFP, Proposer grants OCWCOG a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer.

EXHIBIT A

COMPONENT 1:

RESPONSIVENESS TO NEAR-TERM BROADBAND FUNDING (MONTHS 1-6)

Task 1 - Facilitate and Execute Regional Strategy for Responsiveness to Near Term Federal and State Funding Opportunities.

Subtask 1.1 – Facilitate Gathering of Stakeholder Input Goal: Quickly distill and document the current three-county Region fiber stakeholder landscape, needs, and projects with a focus on eventual alignment with immediate federal and state funding opportunities (emphasis on BEAD and Digital Equity Grants).

Expected Outcomes

Subtask 1.2 – Align Key Needs and Gaps with Specific Funding Opportunities (Emphasis on BEAD and Digital Equity Grants) Goal: With a general understanding for residential, public, and business needs for fiber / broadband in the region, and with three-county regional partners participation and support, evaluate and identify standout projects (as defined by potential for near-term funding success and consistency with Benton, Lincoln, Linn Region’s near-term Vision, Goals and Tactics (see Section 2.5)).

Expected Outcomes

Review and evaluation of existing broadband projects and project concepts

Subtask 1.3 – Prepare Benton, Lincoln, Linn County Regional Broadband Federal and State Funding Strategy Goal: Identify Clear Initial Steps for Projects and for Completing Funding Applications Expected Outcomes

Subtask 1.4 – Complete Funding Applications Goal: Contractor will complete timely, responsive, and promising funding applications for broadband projects in the Benton, Lincoln, Linn region.

Expected Outcomes With Benton, Lincoln, and Linn regional partner’s participation and support, contractor will complete at least two timely and responsive applications for federal and/or state funding for standout projects (as defined by potential for near-term funding success and consistency with the Region’s near-term Vision, Goals and Tactics).

COMPONENT 2:

COHESIVE REGIONAL BROADBAND STRATEGY (MONTHS 3-13)

Task 2 – Expanded Baseline Analysis Task 2.1 – Existing Conditions Analysis, Project Discovery, and Analysis Goal: Fuller understanding of current landscape and near and long-term deployment of assets and projects deployed related to the defined fiber vision / strategy. This Phase leverages and sees beyond the immediate opportunities of the federal and state funding.

Expected Outcomes

Task 2.2 – Risk and Viability Planning Goal: Identification of risks and viability of projects Expected Outcomes

Task 2.3 – Physical Network Configuration and Coverage Planning Goal: Potential current and future configuration and coverage based on needs assessment and existing assets Expected Outcomes statutes that govern how public broadband is regulated.

· Documentation of current and future prioritized network deployments addressing community and stakeholder needs Task 2.4 – Network Deployment Cost Assessment Goal: Understanding of cost of potential network deployments Expected Outcomes

Task 2.5 – Traffic Demand / Usage Forecast Goal: Understand demand for deployments in areas validated by needs assessment • Expected Outcomes

Task 2.6 – Financial Feasibility Analysis Goal: Feasibility of deployments in specific areas based on cost and uptake estimates Expected Outcomes Assessed feasibility of deployments by logical deployment areas with documented discovery data and assumptions.

Task 2.7 – Conclusions, Recommendations, and Next Steps Goal: Pure financial assessment of potential network deployments Expected Outcomes Summary of financial feasibility of network deployments Task 3 – Cost Benefit &Economic Impact Analysis Task 3.1 – Cost-Benefit Analysis Goal: Cost-benefit analysis of fiber installation to support policy and other decision making.

Expected Outcomes Utilizing the methodology and modeling framework created, generate a cost-benefit analysis of improved fiber / broadband connectivity across the region (including social).

Task 3.2 – Economic Impact Analysis Goal: Economic impact analysis of fiber installation to support policy and other decision making.

Expected Outcomes Utilizing the methodology and modeling framework created, generate an economic impact analysis of improved fiber / broadband connectivity across the region Task 3.3 – Prepare an Executive Summary and Final Report Goal: Summarize impact of executing on the proposed fiber strategy Expected Outcomes

Task 4 - Develop Tailored Governance and Ownership Structure Options Task 4.1 – Partner and Stakeholder Identification and Analysis Goal: Identify and document all relevant stakeholders and partners included within the regional fiber / broadband strategy Expected Outcomes

Task 4.2 – Governance Model(s) Definition Goal: Define potential governance model(s) for a regional fiber / broadband strategy Expected Outcomes

• A document defining potential governance models for a regional fiber / broadband strategy covering but not limited to:

· Consideration and incorporation of existing Benton, Lincoln, Linn County region partner coordination roles and needs analysis

· Definition and description of the potential model

· Other successful deployments of the model if they exist

· Suggested participants and roles with the model

· Specific recommendations for Dig-Once structure, policy, and implementation across sub-geographies.

· Characterization of role categories and potential FTE Task 4.3 – Conclusions, Recommendations, and Next Steps Goal: Recommendation reflecting the best fit governance model Expected Outcomes

Task 5 - Create Appropriately Tailored Communications Plans Task 5.1 – Define Target Audiences Goal: Identify appropriate audiences to target for communications Expected Outcomes

Task 5.2 – Create Targeted Communications Plans Goal: Define and create appropriate targeted communication plans for identified audience segments Expected Outcomes

Task 6 – Benton, Lincoln, Linn County Regional Broadband Strategy Task 6.1 – Prepare three-county Regional Broadband Strategy Goal: Assemble and organize outcomes of Tasks 2-5 and relevant outcomes of Task 1 into a Regional Broadband Strategy for Benton, Lincoln, and Linn County with clear initial and ongoing steps.

Expected Outcomes

ATTACHMENT A - RFP SUBMITTAL REQUIREMENTS CHECKLIST

Please provide Checklist with response to RFP Letter of Interest Evidence of Insurance Pricing Proposal Attachment A - RFP Submittal Requirements Checklist Attachment B – Certified Disadvantage Business Outreach Plan Attachment C – Proposer Information and Certification Sheet Attachment D – Responsibility Inquiry Sheet Attachment E – Compliance Signature Form

CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. OCWCOG makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. OCWCOG is not liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

ATTACHMENT B - CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

Proposer Name: _____________________________________________________________

Date: _______________________Contact Name: __________________________________

Telephone: ____________________ Email: ______________________________________

"Certified Firm" means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own, and emerging small businesses.

Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Proposer certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.

The information submitted in response to this clause will not be considered in any scored evaluation.

1. Is Proposer an Oregon certified firm? Yes No

If yes, indicate all certification type(s): DBE MBE WBE SDV ESB

Supply Oregon State Certification Number: __________________________________

2. Include a list of Certified Firms that Proposer has had a contractual relationship with within the last two years.

3. Include a list of firms that Proposer has had a contractual relationship with within the last two years that are not Certified Firms but may be minority-owned, woman-owned, disabled veteran-owned or emerging small businesses.

4. Does Proposer foresee any subcontracting opportunities for this procurement?

Yes No

If no, do not complete the rest of this form and submit this first page with your Proposal.

If yes, please complete the following pages and submit all pages with your Proposal.

Updated 11/29/21

5. Describe the steps Proposer will take to solicit Certified Firms for subcontracting opportunities if awarded a contract from this procurement.

6. Describe the subcontracting opportunities and the approximate dollar value of each that may be available, if awarded a Contract.

7. Would Proposer be willing to report the identity of each subcontractor and the value of each subcontract to COBIO if awarded a Contract from this procurement?

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

Legal Name of Proposer: ____________________________________________________ Address: ____________________________________________________________________ State of Incorporation: _________________ Entity Type: ______________________________ Contact Name: _____________________________ Telephone: ________________________ Email: ________________________________ Oregon Business Registry Number (if required):______________________________________ Are products priced in Proposal are for goods manufactured with recycled materials:

Yes No

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in Attachment A and as modified by any Addenda, except for those terms and conditions that OCWCOG has reserved for negotiation, as identified in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to this RFP.

3. Proposal is a Firm Offer for 180 days following the Closing.

4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

5. I have knowledge regarding Proposer's payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS Chapters 316, 317, and 318.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service disabled veteran owns or an emerging small business.

7. Proposer and Proposer's employees, agents, and subcontractors are not included on:

a. the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: www.treasury.gov/ofac/downloads/sdnlist.pdf.; or,

b. the government-wide exclusions lists in the System for Award Management found at: www.sam.gov/portal/SAM/#1

8. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer's status regarding conflict of interest, Proposer shall promptly notify the State in writing.

9. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Certification Sheet, are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

10. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

11. Proposer acknowledges these certifications are in addition to any certifications required in the Contract and Statement of Work in Attachment A at the time of Contract execution.

(Print Name and Title)

ATTACHMENT D - RESPONSIBILITY INQUIRY

OCWCOG will determine responsibility of a Proposer prior to award and execution of a Contract. In addition to this form, OCWCOG may notify Proposer of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide requested information or clearly demonstrate responsibility may result in an OCWCOG finding of non-responsibility and rejection.

1. Does Proposer have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Proposer to meet all contractual responsibilities? Yes No

2. Within the last five years, how many contracts of a similar nature has Proposer completed that, to the extent that the costs associated with and time available to perform the contract remained within Proposer's control, Proposer stayed within the time and budget allotted, and there were no contract claims by any party? Number: ______

How many contracts did not meet those standards? Number: ______ If any, please explain:

3. Within the last three years has Proposer (including a partner or shareholder owning 10% or more of Proposer's firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

· Obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract;

· Violation of Federal or State antitrust statutes relating to the submission of bids or Proposals; and/or

· Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property?

Yes No

If yes, indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges:

4. Within the last three years, has Proposer had:

· Any contracts terminated for default by any government OCWCOG, or

· Any lawsuits filed against it by creditors or involving contract disputes?

Yes No

If yes, please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

5. Does Proposer have any outstanding or pending judgments against it? Yes No

Is Proposer experiencing financial distress or having difficulty securing financing?

Yes No

If yes on either of the above questions, please provide additional details:

Does Proposer have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? Yes No

If no on the above question, please provide additional details:

6. Within the last three years, has Proposer filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it? Yes No

If yes, indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable:

7. Does Proposer have all required licenses, insurance and/or registrations, if any, and is Proposer legally authorized to do business in the State of Oregon? Yes No

If no, please explain:

8. Pay Equity Certificate. This certificate is required if Proposer employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. [This requirement does not apply to architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services contracts.] Does a current authorized representative of Proposer possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? Yes No N/A

[If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate "see Bid" or "see Proposal" in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Proposer certifies to the best of his or her knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Proposer Name: __________________________________ RFP: _______________________

Project Name: _____________________________________ Date: ______________________

ATTACHMENT E - COMPLIANCE SIGNATURE FORM

Every public contract that is subject to Oregon Revised Statute 279B must include a representation and warranty from the contractor that the contractor has complied with the tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318. The public contract must also require a covenant from the contractor to continue to comply with the tax laws of this state or a political subdivision of this state during the term of the public contract and provide that a contractor’s failure to comply with the tax laws of this state or a political subdivision of this state before the contractor executed the public contract or during the term of the public contract is a default for which a contracting OCWCOG may terminate the public contract and seek damages and other relief available under the terms of the public contract or under applicable law.

By signing below, Contractor certifies compliance with the tax laws of the State of Oregon or a political subdivision of the State of Oregon and provides a covenant to continue to comply with the tax laws of this state or a political subdivision of this state for duration of this contract.

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