Procedural Instructions For Proposals 03-2023.pdf

MULTNOMAH COUNTY

PROCEDURAL INSTRUCTIONS

For Proposal Submission

DEFINITIONS

● Amendment – A written change, addition, deletion, or clarification of the solicitation or document may also be known as an Addenda/Addendum.

● Bid – Response to an Invitation to Bid (ITB) or Request for Intermediate Bids (RIB).

● Bidder – Person or organization who submits a Bid in response to an Invitation to Bid or

Request for Intermediate Bids.

● Bidding Pages – Document containing information relevant to the sourcing event.

● COBID-Certified – The distinction of being certified by the State of Oregon Certification

Office for Business Inclusion and Diversity (COBID) office https://www.oregon.gov/biz/programs/cobid/pages/default.aspx.

● Competitive Range – That group of Proposals, as determined during the evaluation process for competitive negotiation, which includes offers from only those Offerors considered to have a reasonable chance of being selected for award and who are therefore chosen for additional discussions and negotiations in accordance with Rule 47-0261 or Rule 49-0650. The Competitive Range shall be stated in the Solicitation Document (Sourcing Event), but will be decreased if the number of Proposers that submit Proposals is less than the specified number, or may be increased by the Department in accordance with Rule 47-0261 or Rule 49-0650. Proposals not in the Competitive Range are given no further consideration.

● Contractor – The entity with whom Multnomah County has entered into a Contract.

● County – Multnomah County.

● Electronic/On-Line Offer – A response to a solicitation that, if accepted, would bind the

Offeror to honor what was submitted sent/received via email or eProcurement system.

● Formal Sourcing Event – For purchases that exceed the Formal Threshold or as requested by the Department, this is the highest or third level of Procurement activity.

Purchasing rules establish three levels of Procurement activity defined by increased funding limitations and required oversight. Other levels are Small and Intermediate.

● Intermediate – Middle, or second level of Procurement activity level for purchases greater than the Small Purchase Threshold and less than or equal to the Formal Threshold. Purchasing rules establish three levels of Procurement activity defined by increased funding limitations and required oversight. Other levels are Small Purchase and Formal. Formerly known as Informal.

● Intermediate Sourcing Event – A sourcing method authorized by PCRB Rule 47-0270.

● Multco MarketPlace (MMP) – The Source to Settle component of Multnomah County’s enterprise-wide integrated business management system and database. It consists of four modules that support Supplier registration, sourcing, contracting and e-Procurement.

● Offer – A written Bid, Proposal or Quote Offering to provide Goods or Services in response to a Solicitation.

02/24/23 Procedural Instructions for Proposal Submission 1 https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

● Offeror – A Person submitting a Bid, Proposal or Quote as applicable; a Bidder or a Proposer.

● Proposal – A competitive Offer, binding on the Proposer and submitted in response to a Sourcing Event.

● Proposer – A Person or entity who submits a Proposal in response to a Sourcing Event.

Also known as Supplier.

● Provisions – A stipulation within a solicitation contract, legal document, or a law.

● Q&A Tool – Section of the Sourcing Event in MMP in which Suppliers may ask questions and Multnomah County may post responses to questions.

● Request for Programmatic Qualifications (RFPQ) or Request for Intermediate

Programmatic Qualifications (RIPQ) – An alternative Procurement process that results in qualifying a pool of Contractors. The RFPQ (for formal Sourcing Events) or RIPQ (for Intermediate Sourcing Events) may be a one-time qualification process or may feature a continuously open process providing for periodic qualification Evaluations. RFPQs and RIPQs do not result in Contracts. Contract Awards are made through an allocation process.

● Request for Proposal (RFP) or Request for Intermediate Proposal (RIP) – A competitive Procurement process used to solicit Offers (Proposals) from Suppliers when price is not the sole determining factor. RFPs (for formal Sourcing Events) and RIPs (for Intermediate Sourcing Events) are expected to result in selection of the Contractor whose Proposal offers the best value.

● Response – A Supplier’s submitted Bid or Proposal.

● Scope of Work – A description and/or specifications (provisions) of the goods or services to be purchased using the Sourcing Event.

● Sourcing Event – Multco Marketplace term to describe a Solicitation. Consists of

Formal and Intermediate Proposals or Bids, Notice of Intents (NOI) and Requests for Information (RFI).

● Supplier – Multco Marketplace system name for a registered Person or entity who may or has Bid, Offered, Proposed, been Awarded, or contracted with Multnomah County. A Person or business that provides Goods or services.

INSTRUCTIONS

1. PROPOSAL DOCUMENTS

Complete sets of proposal documents may be obtained through the Sourcing Event Buyer Attachment page.

2. PRE-PROPOSAL CONFERENCE

Pre-Proposal Conference and Other Informational Meetings - These meetings, either mandatory or optional, are designed to clarify the information that is contained in the Sourcing Event and provide an opportunity for questions and answers. Any questions asked in the Pre-Proposal or other meetings must also be submitted through the Sourcing Event Questions & Answers (Q&A Tool) so that the answer is available to all and is binding on Multnomah County. An Informational

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Meeting (this meeting may have varying names), either mandatory or optional, may also be scheduled for certain Sourcing Events.

If a Pre-Proposal Conference and/or Informational Meeting is scheduled, information regarding the location, time and date, in-person and/or virtual, and whether the conference and/or meeting is mandatory or optional, will be provided in the Sourcing Event.

Optional Pre-Proposal Conferences and Optional Informational Meetings - Attendance at the Pre-Proposal conference and/or Informational Meeting is not mandatory but is strongly recommended.

Mandatory Pre-Proposal Conferences and Mandatory Informational Meetings - Proof of mandatory attendance at the Pre-Proposal conference and Informational Meeting shall be determined for an in-person meeting by the presence of a completed sign-in by the Proposer’s representative on a meeting attendance sheet. For a virtual meeting, entry of the name and any contact information requested of the representative by the Purchasing Representative of the Proposer’s representative will establish compliance. Failure to attend the mandatory Pre-Proposal conference and mandatory Informational Meeting and to sign-in, or provide information for the Purchasing attendance roster will result in rejection of the Proposal.

3. EXAMINATION OF PROPOSAL DOCUMENTS

Before submitting a Proposal, each Proposer shall: (a) examine the Proposal documents thoroughly; (b) become familiar with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work;

Submission of a Proposal constitutes a representation by Proposer that they have complied with the requirements of these Instructions to Proposers and that the Proposal documents are sufficient in scope and detail to convey a clear understanding of all terms and conditions for performance of the work.

4. ADDENDA/AMENDMENTS

Addenda/Amendments shall be issued no later than five (5) days prior to Proposal opening to all parties known to have received Proposal documents. Only formal written addenda/amendments shall be binding on Multnomah County.

5. PROTESTS

A. Protest of Specifications: Any Proposer requiring clarification of the Provisions of a Sourcing Event must submit specific questions electronically through the Sourcing Event Questions and Answers (Q&A Tool). Any protest must address the requirement, provision or feature of the Sourcing Event or its attachments, including but not limited to the contract, that the potential Proposer believes is ambiguous, unclear, unfair, contrary to law or likely to limit competition. The purpose is to allow Multnomah County time to correct any term or condition in the Sourcing Event and/or contract that may be unlawful, improvident, unduly restrictive of competition, or otherwise inappropriate. By allowing corrections before opening Proposals, 02/24/23 Procedural Instructions for Proposal Submission 3

Multnomah County intends to avoid or minimize much of the waste inherent in protests and in the possible rejection of all Proposals. Failure of a Proposer to protest in accordance with this section shall be deemed in acceptance of the terms of the Sourcing Event and contract, and serve as a waiver of Proposer’s rights to later contend that either the Sourcing Event or contract is ambiguous, unclear, unfair, contrary to law or likely to limit competition.

The deadline for submitting protests is listed in the Sourcing Event. If Multnomah County determines that additional information or clarification is necessary, such information or clarification will be supplied through the Sourcing Event Q & A Tool. If there are any changes made to the Sourcing Event, the Sourcing Event will be amended to include the changes.

Notification will be sent by e-mail to all invited suppliers. All such amendments shall have the same binding effect as though contained in the main body of the Sourcing Event. Oral instructions or oral information concerning the specifications from County managers, employees or agents to prospective Proposers shall not bind Multnomah County. After the Sourcing Event closing date, any claims or misunderstanding concerning the nature, quality or description of the good(s) or service(s) to be procured by the Sourcing Event will be considered waived.

Multnomah County Purchasing representative shall issue any addenda/amendment for Formal Sourcing Events no later than five (5) calendar days prior to the closing date. Only formal written addenda shall be binding on Multnomah County.

After the Sourcing Event has closed, Multnomah County reserves the right to issue Amendments to all Proposers who submitted Proposals, or to those Proposers determined to be in the Competitive Range, if applicable, in order to communicate program requirements, arrangements, and other information as determined necessary by Multnomah County.

B. PROTEST OF INTENT TO AWARD (This applies to Formal Sourcing Events Only). Also known as “Protest”: The following procedure applies to Proposers who wish to protest a disqualification of Proposal or award of contract:

1. All Protests must be in writing and physically received by the Purchasing Manager no later than 4:00 P.M. on the seventh (7th) day after issuance of the postmarked notice of intent to award or disqualification. Protests are to be submitted:

a. Electronically: brian.r.smith@multco.us;

b. Or via mail:

ATTN: Purchasing Manager Multnomah County Purchasing 501 SE Hawthorne Blvd Suite 125 Portland OR 97214

Include the following with your Protest:

PROTEST OF AWARD OR DISQUALIFICATION TO EVENT NO. [Insert Sourcing Event

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2. Proposers may protest only deviations from laws, rules, regulations, or procedures.

Protests must specify the grounds for the protest including the specific citation of law, rule, regulation, or procedure upon which the Protest is based. The judgment used in scoring by individual evaluators is not grounds for Protest. Disagreement with the judgment of evaluators may not be Protested.

Protests not filed within the time specified or which fail to cite the specific law, rule, regulation, or procedure upon which the Protest is based shall be dismissed.

6. CONFORMANCE TO PROPOSAL REQUIREMENTS

ALL Proposals MUST BE submitted by an individual of the company who is authorized to legally obligate the company and agrees to submit to electronic signature. No oral, telegraphic, telephone or facsimile Proposals will be accepted. Proposal prices are to exclude Federal Excise Tax. Federal exemption certificates will be furnished to successful Proposers upon written request. PROPOSAL PRICE(S) MUST BE F.O.B. DESTINATION

7. CLARIFICATION OF RESPONSES

Multnomah County reserves the right to request clarification of any item in a Proposal or to request additional information prior to evaluation necessary to evaluate properly a particular Proposal. All requests for clarification and responses shall be in writing and issued through the assigned Sourcing Event representative from Purchasing. Except for requests and responses related to a clarification necessary to evaluate whether or not a Proposal has met minimum requirements, all requests for clarification and responses shall be provided to each evaluation committee member.

SUSTAINABLE PURCHASING

8. SUSTAINABLE, RESPONSIBLE, AND EQUITABLE BUSINESS PRACTICES

Multnomah County staff is firmly rooted in the work of protecting the most vulnerable in our community. This mission shapes the way we approach sustainability. Our approach is based on achieving positive environmental, equitable, and economic impacts in our business operations and service delivery. In 2010, Multnomah County initiated a new Sustainable, Responsible, and Equitable Business Procurement Practices Administrative Procedure that demonstrates support for our sustainability goals. By integrating the three impact areas of environment, social equity, and economy, Multnomah County seeks more positive outcomes through our supply chain.

Multnomah County wants to partner with suppliers who demonstrate a commitment to addressing disparate impacts in our supply chain. Multnomah County recognizes that suppliers can take multiple paths supporting sustainability, ranging from simple to complex. The information below is meant to guide Proposers/Bidders as they describe their sustainable practices within their solicitation responses.

Multnomah County has adopted the Triple Bottom Line because it brings in considerations that have positive impacts and assists in achieving more sustainable outcomes.

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The Triple Bottom Line consists of three areas of consideration that will, with proper planning, work together for maximum positive benefits.

I. Environmental: The purchasing of products or services that “have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product or service that mitigates or reduces Greenhouse Gas (GHG) emissions.

● Healthy Purchasing/Less Toxic processes/ingredients in products

● Water Conservation

● Energy Conservation

● Waste Reduction Strategies

● Food Justice

II. Social Equity: The pursuit to create full and equal access to opportunities for all people that enable them to attain their full potential. Social Equity factors ensure that everyone in the supply chain is treated fairly, disparities are not created, but alleviated, and provide the resources for success.

● Culturally Responsive and Specific Services

● Contracting with State of Oregon COBID Certified suppliers

● Fair Trade

● Living Wage

III. Economy: The system through which a society answers the question: How is wealth created, distributed and retained?

Multnomah County’s procurement of goods and services should have an empowering impact on communities who face the most inequities. Outcomes will demonstrate how individuals are able to contribute and fully participate in our communities.

● Community Engagement

● Support for underserved populations

● Benefits that go beyond fair trade

Twenty-five percent of the product specifications are dedicated to responsible business practices.

Proposers are encouraged to go to the Multnomah County Purchasing website for additional information about the requirements, goals and values of public purchasing and Multnomah County. https://www.multco.us/purchasing/how-do-business-county.

9. PREFERENCE FOR GOODS AND SERVICES MANUFACTURED OR PRODUCED IN

OREGON

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ORS 279A.120 requires that, in all public contracts, the public contracting agency shall prefer goods or services that have been manufactured or produced in this State if price, fitness, availability and quality are otherwise equal.

10. REPORTING REQUIREMENTS FOR NON-RESIDENT CONTRACTORS

Where a public contract is awarded to a non-Resident Contractor and the contract price exceeds $10,000, the Contractor shall promptly report to the Oregon Department of Revenue on forms provided by the Department of Revenue, the total contract price, terms of payment, length of contract and such other information as may be required before final payment on the contract can be made. For purposes of this subsection, a non-Resident Contractor is one who is not domiciled in or registered to do business in the State of Oregon.

11. TERMS OF PAYMENT

Proposer shall indicate terms of payment where indicated in the Sourcing Event. Multnomah County shall only apply discounts that allow a minimum of twenty (20) days to provide payment.

12. DOCUMENTS ARE PUBLIC RECORDS

All documents, reports, Proposals, submittals, working papers or other material submitted to Multnomah County, from the Proposer, shall become the sole and exclusive property of Multnomah County, in the public domain, and not the property of the Proposer. The Proposer shall not copyright, or cause to be copyrighted, any portion of any said documents submitted to Multnomah County as a result of the Sourcing Event.

13. REALISTIC PROPOSALS

It is the expectation of Multnomah County that Proposers can fully satisfy the obligations of the Proposal in the manner and time frame defined within the Proposal. Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

Multnomah County shall bear no responsibility or increased obligation for a Proposer’s failure to estimate accurately the costs or resources required to meet the obligations defined in the Proposal.

14. COST OF PREPARATION OF RESPONSE

Responses to the Sourcing Event do not commit Multnomah County to pay any costs incurred by any Proposer in the submission of a Proposal, or Response, in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the services to be furnished under the Sourcing Event. The Proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its Proposal, or Response.

15. WHOLLY SECULAR CERTIFICATION

When wholly secular certification is stated in the Sourcing Event, Proposers must certify they will perform the services solicited in the Sourcing Event in a wholly secular manner.

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16. JOINT PROPOSALS

Multnomah County may consider joint Proposals from new and existing Suppliers if specified as allowed in the Sourcing Event. Joint Proposals may take the form of partnerships, general Contractor/sub-Contractor arrangements or entities formed by new and existing Suppliers. If any such arrangement is proposed, a written memorandum of understanding between the parties must be submitted with the Proposal setting forth the business and service delivery agreements between the parties.

17. MULTIPLE OR ALTERNATE PROPOSALS

Multiple or alternate Proposals shall not be accepted unless specifically specified in the Sourcing Event. In the event alternate Proposals are not accepted and a Proposer submits alternate Proposals, but clearly indicates a primary Proposal, it shall be considered for award as though it were the only Proposal submitted by the Proposer.

18. SUBMISSION OF PROPOSALS

Proposals shall be submitted per the instructions in the Sourcing Event.

19. ELECTRONIC SUBMISSIONS

All Sourcing Events will be managed electronically. All Bids, Proposals and other Sourcing Event activities will reside in Multco MarketPlace (MMP). We no longer accept paper submissions, unless otherwise stated in the Sourcing Event.

Multnomah County is not responsible for any failure attributable to the transmission or receipt of the Electronic Offer including, but not limited to the following:

1. Receipt of garbled or incomplete documents;

2. Delay in transmission or receipt of documents;

3. Failure of the Offeror to properly identify the Offer documents;

4. Illegibility of Offer documents; and

5. Security and confidentiality of data.

Electronic/On-Line Solicitation Document.

1. An ‘Electronic Offer’ or ‘On-Line Offer’, as used in the Sourcing Event, means an

Offer, modification of an Offer, or withdrawal of an Offer that is transmitted to and received by Multnomah County via an electronic device or service.;

2. Offerors may submit Electronic/On-line Offers in response to this Solicitation Document. The entire response shall arrive at the place and by the time specified in this Solicitation Document;

3. Offerors Sign or acknowledge their Offers in the “Company Certification Information” section of the Sourcing Event;

4. Multnomah County reserves the right to Award the Contract solely based on the Electronic/On-Line Offer. However, upon Multnomah County’s request, the apparent successful Offeror shall promptly submit its complete original signed Offer;

5. Offerors will register their supplier profile and submit their Offer via MMP.

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20. CERTIFICATION REGARDING CONFLICT OF INTEREST

Proposers are required to certify in the Sourcing Event whether the Proposer is or is not aware of any potential organizational conflict of interest (COI). If the Proposer is aware of a conflict of interest, then the Proposer is required to provide a disclosure statement in Its Proposal describing all relevant information concerning any past, present, or planned interests on whether it (including its chief executives and any directors, or any proposed consultant or subcontractors) may have a potential organizational conflict of interest. Proposers responding to Sourcing Events are required to disclose any such business or financial relationships. The disclosure statement must identify and address any actual or potential organizational COI within the Proposer’s entire organization, including parent company, sister companies, affiliates, and subsidiaries. In addition to identifying potential organizational COI, the disclosure statement shall describe how any such conflict can be avoided, neutralized, or mitigated. The Multnomah County Attorney will determine a Proposer’s eligibility for award based on the information provided in the disclosure statement.

21. MODIFICATION AND WITHDRAWAL OF PROPOSALS

Prior to Proposal Closing: Proposals may be modified or withdrawn at any time prior to the time fixed for receipt of Proposals, by selecting the withdraw option in the Sourcing Event.

After Proposal Opening: If, within twenty-four hours after Proposals are opened, any Proposer files a signed written notice with the Multnomah County Purchasing Manager and promptly thereafter demonstrates to the reasonable satisfaction of the Purchasing Manager that there was a material and substantial mistake in preparation of the Proposal, a Proposer may withdraw its Proposal.

Withdrawal of a Proposal will not prejudice the right of the Proposer to file a new Proposal. All Proposals shall be irrevocable for thirty (30) calendar days from the day of opening.

22. PROPOSAL WITHDRAWAL

Any Proposal may be withdrawn at any time prior to the time fixed for receipt of Proposals, by selecting the withdraw option in the Sourcing Event. The Proposer or a duly authorized representative must execute the request. Withdrawal of a Proposal will not prejudice the right of the Proposer to file a new Proposal. All Proposals shall be irrevocable for thirty (30) calendar days from the day of opening.

23. NO PROPOSAL

If Sourcing Event allows for partial Proposals to be accepted and Proposer does not wish to Propose on a certain item(s), leave that section blank. If the Sourcing Event requires clarification or if there is an objection to the form of the Sourcing Event please follow the instructions provided above concerning clarification and protest.

REJECTION OR ACCEPTANCE OF PROPOSALS

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24. REJECTION OF PROPOSALS

Multnomah County reserves all rights regarding the Sourcing Event, including but not limited to the right to:

1. Cancel the Sourcing Event at any time and not award a contract;

2. Award a contract in part;

3. Reject any and all Proposals in whole or in part; and

4. Waive technical defects, minor irregularities and omissions if, in its judgment, the best interests of Multnomah County will be served.

25. PUBLIC INTEREST

Multnomah County reserves the right to reject any Proposal not in compliance with the Proposal documents, or all prescribed public Proposing procedures and requirements, and the right to reject any or all Proposals when it is in the public interest to do so per ORS 279B.100(1).

Written notice of rejection of all Proposals shall be sent to all Proposers.

26. COLLUSION

A Proposer hereby certifies that no officer, agent, or employee of Multnomah County has a financial interest in the Proposal; that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other Proposer and that the Proposer is competing solely on its own behalf without connection or obligation to any undisclosed person or firm.

27. DELIVERY DATE

If a delivery date is specified and, in the opinion of Multnomah County, the Proposer's proposed delivery date is such that it will inconvenience or cause hardship to Multnomah County, Multnomah County may, at its discretion, reject the Proposer.

28. REFERENCES

Multnomah County reserves the right to investigate references including customers other than those listed in the Proposer’s submission. Investigation may include past performance of any Proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, and its lawful payment to employees and workers or any other criteria as determined by Multnomah County.

29. PUBLICITY

Any publicity giving reference to the project, whether in the form of press releases, brochures, photographic coverage, or verbal announcement, shall be done only after prior written approval of Multnomah County Purchasing and Communications Office.

30. CANCELLATION

Multnomah County reserves the right to cancel the Sourcing Event any time before execution of a resulting contract by both parties if cancellation is deemed to be in Multnomah County's best

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31. DISPUTES

In case of any doubt or differences of opinions regarding the Good(s) or service(s) to be procured hereunder, or the interpretation of the provisions of the Sourcing Event, the decision of Multnomah County shall be final and binding upon all parties.

32. EEO CERTIFICATION REQUIREMENT

Multnomah County Public Contracting Review Board (PCRB) Rule 60-0040 requires that all Contractors furnishing Goods and services to Multnomah County in excess of $75,000 must be certified as an Equal Opportunity Employer.

33. INVOICES

All invoices shall be prepared on Contractor's letterhead or standard invoice form and shall include:

1. Contractor's name and address and a phone number for questions about the invoice;

2. Contractor's invoice number;

3. Invoice date;

4. Multnomah County contract number; and,

5. Any additional information required in Exhibit 1 of the finalized contract.

34. PAYMENT

It is Multnomah County’s policy to make recurrent contract payments to Contractors via electronic payment. The Contractor(s) selected under the Sourcing Event will accept electronic payment from Multnomah County and comply with Multnomah County’s procedure for electronic payment. The Contractor(s) selected will also have the option to receive payments by credit card via ePayables.

Multnomah County shall pay the invoice within thirty (30) calendar days unless otherwise provided in Exhibit 1 of the finalized contract.

AWARD AND CONTRACT

35. PRE-AWARD RISK ASSESSMENT

Successful Proposers whose contract award includes federal funding (as identified by a Catalog of Federal Domestic Assistance number) will be subject to a Pre-Award Risk Assessment (which includes an evaluation of financial stability, quality of financial /management systems, experience with federal funds, reports and findings from audits) completed by Multnomah County (if one has not been submitted in the last year) prior to the issuance of a contract.

Contractors who fail to submit the required documents will not be eligible for a contract from Multnomah County.

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36. CONTRACT AWARD

Award will be made to the highest scoring Proposer(s) who is determined to be responsive and responsible. The award will be made on an all-or-none basis, by category, by individual item or however is in the best interest of Multnomah County. The delivery or furnishing of any of goods or services cannot commence until a contract is properly executed.

37. CANCELLATION OF AWARD

Multnomah County reserves the right to cancel award of the contract at any time before execution of the contract(s) by both parties if cancellation is deemed to be in Multnomah County’s best interest. In no event shall Multnomah County have any liability for the cancellation of award. The Proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its Proposal.

38. TERM

The contract term shall not exceed 5 (five) years. County may at its discretion re-procure the work before the end of the contract period.

39. CONTRACT TERMS

Multnomah County may require certain non-negotiable contract terms in accordance with local, state, or federal law.

40. GOVERNING LAW

This Sourcing Event is governed by, construed, and enforced in accordance with Multnomah County public contracting rules and Oregon and federal laws, including the Oregon Revised Statutes at Chapters 279A and 279C, and the applicable provisions of the Equal Opportunity Act of 1972, Civil Rights Acts of 1962 and 1964, as amended, Rehabilitation Act of 1973, and the Americans With Disabilities Act of 1990. Proposers should obtain and become acquainted with the applicable provisions of the above laws and rules.

41. COMMENCEMENT OF WORK

No work may be commenced by Contractor until the signed contract, applicable bonds and all required proof of insurance has been submitted to Multnomah County and until Multnomah County shall, in writing, have notified the Contractor of the date when Contractor is authorized to proceed with the work.

42. CONTRACT FORM AND INSURANCE

In order to deliver services to Multnomah County, Proposer(s) shall be required to execute a contract with Multnomah County. Goods may be delivered either under contract or purchase order. No goods or services shall be provided without a signed contract or purchase order.

Contractor shall be required to provide the insurance coverage described in the attached Sample Contract.

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43. CERTIFICATE OF INSURANCE

The successful Proposer shall be required to submit a standard insurance certificate with additional insured endorsement as evidence of compliance with the insurance requirements set forth in the attached Sample Contract. This shall be sent to Multnomah County with the contract before execution by Multnomah County.

44. EEO CERTIFICATION REQUIREMENT

Multnomah County PCRB Rule 60-0040 requires that all Contractors furnishing goods and services to Multnomah County in excess of $75,000 must be certified as an Equal Opportunity Employer. Contracts in excess of $75,000, which originate from the Sourcing Event are subject to Multnomah County’s Equal Employment Opportunity (EEO) requirements, and will include vendor Supplier certification as indicated in the attached Multnomah County Sample Contract.

45. CONTRACTOR GENERAL RESPONSIBILITIES

● Comply with all Federal, State and County laws, ordinances, and rules.

● Comply fully with specifications as attached for the agreed Proposal and/or contract, especially where materials and work are involved.

● Meet any and all registration requirements where required for Contractors as set forth in the Oregon Revised Statutes.

46. CONTRACT CHANGES

The Contractor shall not make any changes in the specifications, method of fabrication or other requirements without the express prior written consent of Multnomah County. Any proposed changes shall be presented in writing to the assigned County point of contact not less than ten business days prior to the proposed effective date of said change.

Any claims made for adjustment hereunder shall be served within 30 (thirty) calendar days of completion of delivery or service.

Nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

47. PERFORMANCE

Contractor shall perform all services required by the Sourcing Event within the time specified. All services shall be performed in the most highly professional manner, and in accordance with the highest industry standards. Unless the means or methods of performing a task are specified elsewhere in the Contract, Contractor shall employ methods that are generally accepted and used by the industry.

Any performance that is found unacceptable will be documented and the Contractor will be given written notice to correct the problem within a specified period. If the problem continues beyond the specified period the Contractor may be found in breach of this Contract, and the Contract may be terminated.

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48. CONTRACTOR'S RESPONSIBILITY

It is understood that the specifications and other contract documents do not purport to control the manner of performing the work, but only the requirements as to the completed work or product standard(s). The Contractor assumes the entire responsibility for the manner of performing the work. Suggestions as to the manner included in the contract documents shall be deemed advisory only and the feasibility of such methods or the lack thereof, shall not affect the Contractor's liability, or status as an independent Contractor under this contract.

In the performance of work under this contract, trade-related Contractors are to include the cost of all small incidental materials and supplies in their invoiced hourly rate. These incidental supplies and materials include such items as fasteners, adhesives, hardware and other small expense items which are difficult to track or bill through any other process.

49. NON-PERFORMANCE

In the event of non-performance under the resulting contract or purchase order Multnomah County will have the right to obtain from other sources such equipment, supplies, and/or services as may be required to fulfill the contract. It is agreed that the difference in cost, if any, for said equipment, supplies and/or services shall be borne by the Contractor.

50. OSHA

During the performance of this contract, the Contractor is required to comply with the conditions of the Federal Occupational Safety and Health Act of 1972 (OSHA) and the standards and regulations issued thereunder. The Contractor shall further agree to hold Multnomah County, its employees, agents, commissioners, and assigns harmless and free from liability for failure to comply with said standards and regulations by the Contractor. It shall be the sole responsibility of the Contractor to remain familiar with applicable standards and regulations and maintain their enforcement.

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