Procedural Instructions_Proposals 04_02_2024.pdf

PROCEDURAL INSTRUCTIONS

For Proposal Submissions

DEFINITIONS

● Amendment – A written change, addition, deletion, or clarification of the solicitation or

Contract document may also be known as an Addenda/Addendum.

● Competitive Range – That group of Proposals, as determined during the evaluation process for competitive negotiation, which includes 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 – An entity with whom Multnomah County has an executed contract.

● County – Multnomah County.

● Electronic/On-Line Offer – means an Offer, modification of an Offer, or withdrawal of an

Offer that is transmitted to and received by the County via an electronic device or service.

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

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

● 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 the County may post responses to questions.

● 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.

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● 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.

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

● Scope of Work – 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 the County. A Person or business that provides Goods or services.

INSTRUCTIONS

1. 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 be also submitted through the Sourcing Event Questions and Answers (Q&A) Tool so that the answer is available to all and is binding on the County. An Informational 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 Meeting is scheduled, information regarding the location, time and date, in-person and/or virtual, and whether the conference and/or meeting are 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 Purchasing of the Proposer’s representative will establish compliance. Failure to attend the mandatory Pre-Proposal

04/02/2024 Procedural Instructions (for Proposal Submissions) 2 conference and mandatory Informational meeting and to sign-in, or provide information for the Purchasing attendance roster will result in rejection of the Proposal.

2. 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, 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 in regard to the nature, quality or description of the good(s) or service(s) to be procured by the Sourcing Event will be considered waived.

The Multnomah County Purchasing contact shall issue any amendments 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 and arrangements and other information as determined necessary by Multnomah County.

B. Protests 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:

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

a. Electronically: purchasingmanager@multco.us;

b. Or via mail:

ATTN: Purchasing Manager Multnomah County Purchasing 501 SE Hawthorne Blvd., Suite 320 Portland, OR 97214

Include the following with your Protest:

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

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.

3. AMENDMENTS/ADDENDA

Addenda shall be issued no later than five (5) days prior to Bid opening to all parties known to have received Bid documents including Sourcing Events. Only formal written addenda shall be binding on Multnomah County.

4. REALISTIC PROPOSALS

It is the expectation of the 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 accurately estimate the costs or resources required to meet the obligations defined in the Proposal.

5. 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 properly evaluate a particular

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Proposal. All requests for clarification and responses shall be in writing and issued through the assigned Sourcing Event contact 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.

6. 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 the County will be served.

7. COST OF PREPARATION OF RESPONSE

Responses to the Sourcing Event do not commit the 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.

8. 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.

9. 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.

10. 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 interest. In no event shall Multnomah County have any liability for the cancellation of the Sourcing Event.

11. DISPUTES

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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.

12. 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.

13. 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 County Attorney will determine a Proposer’s eligibility for award based on the information provided in the disclosure statement.

14. LOCAL PURCHASING PREFERENCE

Multnomah County desires to employ local businesses in the purchase or lease of any personal property, public improvements or services to support the local economy in the State of Oregon so that residents benefit from local employment opportunities that are generated. Therefore, Multnomah County shall prefer Goods or services that have been manufactured or produced by an Oregon business if price, fitness, availability, and quality are otherwise identical.

15. 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, the County seeks more positive outcomes through our supply chain. The County wants to partner with suppliers who demonstrate a commitment to addressing disparate impacts in our supply chain. The County recognizes that suppliers can take multiple paths supporting

04/02/2024 Procedural Instructions (for Proposal Submissions) 6 sustainability, ranging from simple to complex. The information below is meant to guide Proposers 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.

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 wealth is created, distributed and retained?

The 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.

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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.

16. 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.

17. 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.

18. 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.

19. FUNDING REQUIREMENTS

Pre-Award Risk Assessment: Successful Proposers whose contract award includes federal funding (as identified by an Assistance Listing Number (ALN)) 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.

20. 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.

21. JOINT PROPOSALS

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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.

22. 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 .

23. GOVERNING LAW

This Sourcing Event is issued under the provisions of the Oregon Revised Statutes Chapters 279A, 279B, and Multnomah County public contracting rules. All proposers are charged with presumptive knowledge of the cited authorities. Submission of a valid Proposal by any Proposer shall constitute admission of such knowledge on the part of such Proposer.

24. CONTRACT TERMS

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

25. 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 the County via an electronic device or service.;

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

4. The County reserves the right to Award the Contract solely on the basis of 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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