Proofreader RFP S-62800-00014366~1.pdf

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STATE OF OREGON

COVER PAGE

Oregon Forest Resources Institute

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-62800-00014366 for

PROOFREADER/AP STYLE ADVISOR/EDITOR

Date of Issue: July 16, 2025

Closing Date and Time: August 18, 2025, 2:00 PM (Pacific Time)

Single Point of Contact (SPC): Kathy Storm, Director of Business Operations

Address: 9755 SW Barnes Road, Suite 210 City, State, Zip Portland, OR 97225 Phone (voice) 971-673-2953 E-mail: storm@ofri.org

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 Minimum Proposer Requirements

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

3.4 SOLICITATION PROCESS

3.5 PUBLIC NOTICE

3.6 PRE-PROPOSAL CONFERENCE

3.7 QUESTIONS / REQUESTS FOR CLARIFICATIONS

3.8 SOLICITATION PROTESTS

3.9 PROPOSAL DELIVERY OPTIONS

3.10 PROPOSAL MODIFICATION OR WITHDRAWAL

3.11 PROPOSAL DUE

3.12 PUBLIC OPENING

3.13 PROPOSAL REJECTION

3.14 EVALUATION PROCESS

3.15 RANKING OF PROPOSERS

3.16 RESERVED

3.17 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 INTENT TO AWARD PROTEST

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.4 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

5.6 COST OF SUBMITTING A PROPOSAL

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

SECTION 6: LIST OF ATTACHMENTS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through Oregon Forest Resources Institute (“Agency” or “OFRI”), is issuing this Request for Proposals for proofreading, AP style advising and editing services.

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

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be five (5) years with options to renew for two additional five (5) year extensions resulting in a total of fifteen (15) years.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Pre-Proposal Conference N/A

Questions / Requests for Clarification Due Friday, July 25, 2025 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) July 29, 2025

RFP Protest Period Ends 7 calendar days prior to RFP closing

Closing (Proposals Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) September 15, 2025

Award Protest Period Ends 7 days after Notice of Intent to Award

Contract Start Date October 1, 2025

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 526.640, ORS 526.645, ORS 279B.050, and utilizing source selection method pursuant to OAR 137-047-0261.

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2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Nearly half of Oregon is covered in forests. These forests provide many social, environmental and economic benefits to the state and its residents, including clean air and water, recreational opportunities, jobs and the wood products that we use every day. It is important that all Oregonians have the opportunity to learn more about the forests where we live, work and play.

In 1991, the Oregon Legislature created the Oregon Forest Resources Institute (OFRI) to support and enhance Oregon’s forest products industry. The state agency provides forest and forest management education programs for the general public, K-12 teachers and students, and forest landowners.

OFRI supports the forest sector and the stewardship of natural resources by advancing Oregonians’ understanding of the social, environmental and economic benefits of our forests.

2.3.2 Project Overview and Background

OFRI is seeking a professional proofreader/AP style advisor/editor to review content for its printed materials and online. OFRI’s audiences include the public, forest landowners and K-12 audiences.

The successful bidder will ensure that these publications and Web content are written using grammar, spelling and style consistent with the Associated Press Stylebook. The successful bidder will also be advised on a few style-related items unique to OFRI. On an occasional basis, the successful bidder may also be asked to provide editorial services to improve content clarity, readability and tight writing.

2.4 SCOPE OF WORK/SPECIFICATIONS

OFRI produces two newsletters on a cyclical basis. Additionally, there are writing projects such as news releases, website content, letters and publications that require review on an ad hoc basis.

On a schedule coordinated with OFRI’s public affairs manager, review Microsoft Word documents and PDF versions of draft publications that are already in production for punctuation, grammar and style consistent with the Associated Press Stylebook and additional style guidelines offered by OFRI.

Upon request of the public affairs manager, offer editorial comments for clarity and readability.

Work on all projects off premises, except for occasional meetings.

Deliver comments to Microsoft Word documents via e-mail and using the “track changes” feature of that program.

Deliver comments to PDF documents via e-mail and using the highlight and insert text/comment feature of that program.

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SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 Minimum Proposer Requirements

3.1.1 Ten (10) years’ experience proofreading and editing.

3.2 MINIMUM SUBMISSION REQUIREMENTS

To be considered for evaluation, Proposer must submit a Proposal that contain each of the following elements (further detailed in Proposal Requirements section below):

• Executive Summary, including Minimum Qualifications listed in Section 3.1; and

• Evaluation Material (See section 3.14)

3.2.1 Proposal Page Limits

Proposal is limited to 10 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Key Persons and Resumes (Do not submit resumes for staff that will not be assigned to account)

• Disclosure Exemption Affidavit (Attachment B)—only complete if applicable

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check forms (Attachment D—do not return with Proposal)

• Price Proposal (Attachment E)

• COBID Certification / Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

3.2.2 Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely proposes to provide the goods or services as stated in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

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3.3.1 Proposer Information and Certification Sheet

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

3.3.2 References

Provide in proposal a list of three (3) references from current or former client firms for similar projects performed for any clients within the last five (5) years. Reference list must include the year Proposer performed the work. References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall submit reference names and contact information in the proposal. The Reference Check Form, provided as Attachment D to this Proposal, is an example of what will be sent by the SPC to references—Agency will send the form to references. Proposers are not to include completed reference forms with Proposal. Agency will make two attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.3.3 Price Proposal

Submit a Price Proposal (Attachment E) stating the project cost, including all expenses. Submit as a separate file. Do not include pricing in the technical proposal.

3.3.4 Key Persons and their Resumes

Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each individual that demonstrates qualifications and experience for the Work described. Only include resumes for staff who will be assigned to and designated as Key Persons under the Contract.

3.3.5 Evaluation Material

Proposer must demonstrate how it meets the evaluation criteria set forth in Section 3.14.2.1 of the RFP.

3.3.6 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

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Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the whole Offer as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.3.7 Proposal Format and Quantity

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

3.4 SOLICITATION PROCESS

3.5 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

3.6 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

3.7 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

• Be received by the due date and time for Questions/Requests for Clarification identified in the

Schedule in Section 1.2.

https://oregonbuys.gov/

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3.8 SOLICITATION PROTESTS

3.8.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

3.8.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment.

Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

3.8.3 Requirements for Protests

All protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid number;

• Identify prospective Proposer’s name and contact information;

• Be sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

3.9 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring that its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any delays by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

3.9.1 Delivery by email

A Proposal must be submitted to the attention of the SPC at the email listed on the Cover Page

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For delivery to be effective, Proposer shall, prior to Closing, complete all of the following steps:

• Submit its proposal via email with an auto-generated electronic return receipt requested.

• Receive an automatically generated electronic return receipt.

• Verify receipt of the email and attached proposal file(s) by telephone call or email to the SPC listed on the cover page of the RFP.

• The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 10 megabytes.

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

3.9.2 Delivery via electronic data storage service

A Proposer may submit its Proposal by electronic means via electronic data storage service available to OFRI (such as Dropbox (preferred), Google Cloud or other) by completing all of the following steps prior to the Closing:

• Proposer shall place an electronic copy of the Proposal in the electronic data storage location.

• Send a confirming email without the electronic copy of the Proposal to the SPC at the email listed on the Cover Page attached that provides a link to the data storage location, instructions for OFRI on how to retrieve the Proposal from the data storage location, the Proposer’s name and the RFP number.

• Submit the confirming email with an auto-generated electronic return receipt requested, receive an automatically generated electronic return receipt.

• Verify receipt of the confirming email by telephone call or email to the SPC listed on the cover page of the RFP.

3.10 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 3.9 (Proposal Delivery Options).

To be effective, the modification must include the OregonBuys bid number and must be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening in accordance with OAR 125-247-0440. To be effective, the notice must include the OregonBuys bid number.

3.11 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

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A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

3.12 PUBLIC OPENING

No public opening will be held.

3.13 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

3.14 EVALUATION PROCESS

3.14.1 Responsiveness and Responsibility Determination

3.14.1.1 Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

3.14.1.2 Responsibility Determination

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

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

3.14.2 Evaluation Criteria

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Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in Section 3.14.2.1 up to the maximum points available as specified in Section 3.15 (Ranking of Proposers).

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of a Proposal. A response to a clarification request may only clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

3.14.2.1 Evaluation Points

TOTAL POINTS POSSIBLE : 130

POINTS POSSIBLE 90

3.5.2.1 Experience in general proofreading 20

3.5.2.2 Experience as an editor using Associated Press Stylebook 25

3.5.2.3 Experience as an editor for clarity, readability and economy of words.

3.5.2.4 Knowledge and understanding of natural resources, specifically on issues related to Oregon’s forest sector.

3.5.2.5 Ability to meet upon request in Portland, with OFRI staff and partners to discuss projects.

POINTS POSSIBLE 40

3.4.4 References 20

3.4.5 Cost Points Possible 20

3.14.3 PRICE EVALUATION

The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

3.14.4 PREFERENCES

3.14.4.1 Oregon Supplies and Services

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Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

3.14.4.2 Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

3.14.4.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

3.14.4.4 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

3.15 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score and reference score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

3.15.1 Next Step Determination

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers https://www.naspo.org/reciprocity1

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3.15.2 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

3.15.3 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

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

3.16 RESERVED

3.17 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope of Work described in this RFP.

4.1.2 Intent to Award Notice

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Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 INTENT TO AWARD PROTEST

4.2.1 Protest Submission

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

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

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

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

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

279B or ORS Chapter 279A.

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

4.2.1.1 Protest Requirements

Protests must:

o Be delivered to the SPC via email, or hard copy;

o Reference the OregonBuys bid number;

o Identify Proposer’s name and contact information;

o Be signed by an authorized representative of Proposer;

o Specify the grounds for the protest; and o Be received within 7 calendar days of the Intent to Award notice.

4.2.2 Response to Protest

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

4.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and to comply with the following:

4.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

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4.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

4.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

4.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

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

4.4 CONTRACT NEGOTIATION

4.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. If Agency agrees to make any requested changes to the Sample Contract, Agency will issue an Amendment to notify Proposers of such changes.

Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency is willing to negotiate all items, except those listed below:

http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

The State of Oregon is committed to taking active steps toward increasing and promoting diversity, equity, and inclusion values across procurement processes for minority, women, emerging small, and service-disabled veteran owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit proposals for this contracting opportunity.

5.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=ore gon4biz

If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.3 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

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

All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the 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, except in the case of Proposals that were submitted late and rejected by Agency.

5.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

5.6 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with 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, and costs associated with protests.

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

5.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025)

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL SHEET

https://www.oregon.gov/das

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ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 6: LIST OF ATTACHMENTS