PW1710-25 - Grinding Services .pdf

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MARION COUNTY

YARD DEBRIS GRINDING SERVICES

Request for Proposals (RFP)

PW1710-25

Date of Issue: 09/29/2025 5:00 Pacific Standard time

Closing: 10/29/2025 2:30 Pacific Standard time

Single Point of Contact (SPC):

Nick Price Contracts Specialist Sr

NPrice@co.marion.or.us

Submit questions and responses via the Marion County Procurement Collaboration Portal https://contracts-marioncountygcc.msappproxy.net/gateway/

Instructions are listed in Section 4.2

Electronic copies of this RFP and attachments, if any, can be obtained from the Marion County Procurement Collaboration Portal at the URL listed above.

https://contracts-marioncountygcc.msappproxy.net/gateway/

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

1.4 No Ex-Parte Communications During Solicitation and Evaluation Process

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW

2.4 SCOPE OF WORK

SECTION 3: PROPOSAL REQUIREMENTS

3.1 MINIMUM PROPOSER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

SECTION 4: SUBMISSION REQUIREMENTS

4.1 PROPOSAL FORMAT

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

SECTION 5: EVALUATION PROCESS

5.1 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

5.2 EVALUATION CRITERIA

5.3 NEXT STEP DETERMINATION

5.4 POINT AND SCORE CALCULATIONS

5.5 RANKING OF PROPOSERS

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.2 INTENT TO AWARD PROTEST

6.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.4 CONTRACT NEGOTIATION

SECTION 7: ADDITIONAL INFORMATION

7.1 GOVERNING LAWS AND REGULATIONS

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

7.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

7.4 COST OF SUBMITTING A PROPOSAL

7.5 RECYCLABLE PRODUCTS

7.6 COOPERATIVE PURCHASING .................................................................................................Error! Bookmark not defined.

SECTION 8: LIST OF ATTACHMENTS AND EXHIBITS

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

Marion County Public Works Department (County) is issuing this Request for Proposals (RFP) for Yard Debris Grinding Services at the Brown’s Island Compost Facility.

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

County anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be 3 years with options to extend for additional periods up to a maximum term of 5 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.

Event Date

Questions / Requests for Clarification Due 10/15/2025 2:30 PM PST

Answers to Questions / Requests for Clarification Issued (approx.)

7 Days 10/22/2025 PST

RFP Protest Period Ends 7 days after posting

Closing (Proposals Due) As stated on the cover page

Evaluation Period (approx.) 11/08/2025 to 11/18/2025

Issuance of Notice of Intent to Award (approx.) 11/10/2025

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

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page. Questions / Requests for Clarifications must be submitted through the Collaboration Portal by the date and time listed in the schedule.

Proposer shall direct any other communications related to the RFP only to the SPC.

1.4 No Ex-Parte Communications During Solicitation and Evaluation Process To ensure the proper and fair evaluation of offers, the County prohibits ex-parte communication (e.g., unsolicited) initiated by any prospective Proposer(s) to a County official or an employee evaluating or considering the responses prior to the issuance of a notice of intent to award.

Any communication between the County and prospective Vendor(s) will be initiated by the SPC.

Ex-parte communication may be grounds for disqualifying prospective Proposer(s) from consideration or award of the solicitation then in evaluation.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

County is issuing this RFP pursuant to its authority under Marion County Public Contracting Rules (MCPCR) 10-0170.

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County is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and MCPCR 20-0260 and 20-0261. County may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Negotiations; c) Best and Final Offers; and d) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

For the purposes of this RFP, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in MCPCR 10-0110.

2.3 OVERVIEW

Located in the heart of the Mid-Willamette Valley, Marion County has a population of 347,119, stretches from the Willamette River to the Cascade Mountains and encompasses nearly 1,200 square miles. Marion County has 20 cities, including Oregon’s capital, Salem. The Marion County government organization is headed by an elected Board of Commissioners and has 15 departments, seven departments of which are headed by elected officials.

2.3.1 Department Overview and Background

Marion County Public Works is responsible for managing public infrastructure and facilities within the county. Public Works focuses on maintaining roads, bridges, and other essential public services to ensure the safety and well-being of residents in the community.

Public Works’ Environmental Services Division provides residents and visitors with innovative solid waste, parks, noxious weed and water quality programs.

2.3.2 Project Overview and Background

Environmental Services (ES) operates the Brown’s Island Compost Facility at 2895 Faragate Ave. S., Salem, Oregon. The facility accepts yard debris from public and private entities, which is processed into marketable compost.

Approximately 30,000 cubic yards of yard debris need to be ground annually. There are two grinding events per year, each handling approximately 15,000 cubic yards.

2.4 SCOPE OF WORK

The scope of this RFP is to select a yard debris grinding contractor to provide periodic services at various times of the year at the Brown’s Island Compost Facility. Further details can be found in the Statement of Work contained in the Sample Contract for Services (Exhibit A to RFP).

2.4.1 Work Schedule

Work will typically be scheduled for o February to March o August to September o Additional Scheduling may occur as needed at the request of Marion County https://www.co.marion.or.us/FIN/Documents/Marion%20County%20Public%20Contracting%20Rules.pdf

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SECTION 3: PROPOSAL REQUIREMENTS

3.1 MINIMUM PROPOSER REQUIREMENTS

To be considered for evaluation, Proposal must demonstrate in Section 3.4.1 Proposers Qualifications and Experience, how Proposer meets all requirements of this section:

3.1.1 Experience:

Proposer’s Company must have 5 years’ experience managing a Yard Debris Grinding Services of similar size to the Brown’s Island Compost Facility, providing yard debris grinding services for approximately 30,000 cubic yards annually, or comparable services of similar scope as outlined in Exhibit A, Sample Contract.

3.1.2 Customers:

The proposer must currently serve at least three customers of similar size to the Brown’s Island Compost Facility, providing yard debris grinding services for approximately 30,000 cubic yards annually, or comparable services of similar scope, as outlined in Exhibit A, Sample Contract.

3.1.3 Yard Debris Grinding Equipment – Minimum Requirements

To be considered for evaluation, proposer must have and operate the following equipment:

3.1.3.1 A mobile horizontal grinder meeting or exceeding the following specifications:

o Capable of processing at least 300+ cubic yards per hour, to complete the required services o 650 Horsepower o Self-propelled, tracked o Suitable for asphalt surface work that does not cause damage to Marion County Property.

o Capable of producing a uniform particle size of three-inch minus (3"-0) material suitable for composting and must also be capable of grinding material down to one-inch minus (1"-0) upon the County's request.

3.1.3.2 Excavator

o Capable of feeding grinder to maintain processing rate.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format

Proposal should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

The proposal must include information responsive to the items in the Proposal Content Requirement Section.

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

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3.2.2 Proposal Page Limit

The Proposal file as outlined in Section 4.1.1 may not exceed a total of 5, 8.5” x 11” pages.

Proposals shall be Microsoft 365 compatible or searchable Adobe format and shall not be more than 50MB. Page count includes all introductory materials including cover pages, cover letters, table of contents, and any other unsolicited materials. Proposal documents exceeding 5 pages will be truncated and only the first 5 pages will be evaluated.

3.2.3 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by County.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFP, including all Addenda and attachments, is published in the Marion County Procurement Collaboration Portal (Portal) at https://contracts-marioncountygcc.msappproxy.net/gateway/. RFP documents will not be mailed to prospective Proposers.

County shall advertise all Addenda on the Portal. Prospective Proposer is solely responsible for checking the Portal to determine whether any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

3.3.2 Questions / Requests for Clarification

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:

o Be submitted through the Portal o Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and o Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule

3.3.3 Pre-Proposal Conference

There will be no pre-proposal conference for this RFP.

3.3.4 Solicitation Protests

3.3.4.1 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 Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for protests of Addenda and negotiation of the terms and conditions of the proposed Contract, as provided below.

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3.3.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

3.3.4.3 Protests must:

o Be emailed to the Marion County Contracts and Procurement Manager at PO_Contracts@co.marion.or.us.

o Reference the RFP number o Identify prospective Proposer’s name and contact information o Be sent by an authorized representative o 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 o State the proposed changes to the RFP provisions or other relief sought o Protests to the RFP must be received by the due date and time identified in the Schedule o Protests to Addenda must be received by the due date identified in the respective Addendum

3.3.4.4 Protest Response

County will respond timely to all protests submitted by the due date and time listed in the Schedule. Protests that are not received timely or do not include the required information may not be considered.

3.3.5 Proposal Modification or Withdrawal

Any Proposer who wishes to make modifications to a Proposal already received by County shall submit its modification in the manners listed in the Proposal Submission Instructions section and must denote the specific change(s) to the Proposal submission.

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with MCPCR 20-0440. The notice must include the RFP number and be submitted to the SPC.

3.3.6 Proposal Due

Proposals and all required submittal items must be received by the SPC on or before Closing.

Proposals received after Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation.

mailto:PO_Contracts@co.marion.or.us

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3.3.7 Proposal Rejection

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

o 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.

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

o Proposer makes any contact regarding this RFP with County representatives such as County employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

o Proposer attempts to inappropriately influence a member of the Evaluation Committee.

o Proposal is conditioned on County’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 Addenda.

3.3.8 Opening of Proposals

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to MCPCR 20-0630. However, County will record and make available the identity of all Proposers after Opening.

3.4 PROPOSAL CONTENT 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 offers 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.

3.4.1 Proposers Qualifications and Experience

Address how Proposer meets the Minimum Proposer Requirements listed in Section 3.1.

Describe proposer’s qualifications and experience as it relates to the needs described in the

RFP.

3.4.2 Staffing and Equipment Plan.

Provide a staffing plan that includes the number of personnel and the equipment to be utilized during the Yard Debris Grinding period, as outlined in Exhibit A, Sample Contract.

3.4.3 Cost Proposal.

The Cost Proposal shall include: (a)estimated number of hours to grind 30,000 cubic yards of yard debris, (b) the hourly rate for operation, and (c) the total yearly cost calculated from the estimated hours of operation and the hourly operation rate. Proposer must submit Cost Proposal using Attachment C: Cost Proposal Submission Form.

3.4.4 Proposal Form

The Proposer shall complete and submit the Proposal Form (Attachment A).

3.4.5 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after County issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt

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Proposer 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 Proposal, in whole, as exempt from disclosure is not acceptable. County advises each Proposer to consult with its own legal counsel regarding disclosure issues.

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

3.4.6 Proposed Contract Modifications

If Proposer wishes to negotiate any of the terms of the Sample Contract, Proposer must identify those sections of the sample contract they wish to negotiate by submitting Attachment E, identifying the sections, the proposed language, and an explanation of the request.

If Proposer does not submit proposed changes using Attachment E, Proposer, if awarded a contract, waives its right to negotiate terms and conditions in the resulting contract.

SECTION 4: SUBMISSION REQUIREMENTS

4.1 PROPOSAL FORMAT

Files must be named and proposals need to be structured and uploaded into the collaboration portal as follows:

4.1.1 [vendor name] proposal.pdf This document is to include the following sections:

o 3.4.1 – Proposer Qualifications and Experience o 3.4.4 – Staffing Plan

4.1.2 [vendor name] additional documentation.pdf This document is to include the following sections:

o 3.4.8 – Cost Proposal (Attachment C) o 3.4.9 - Proposal Form (Attachment A) o 3.4.10 – Trade Secret Form (optional) (Attachment D) o 3.4.11 – Proposed Contract Modifications (Attachment E)

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing.

4.2.1 Procurement Collaboration Portal

4.2.1.1 Go to the Marion County Procurement Collaboration Portal which can be found at:

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4.2.1.2 Sign In or Create an Account

4.2.1.3 Creating an account MUST be completed 15-30 minutes before files will be able to be submitted through the portal.

4.2.2 Solicitations Tab

4.2.2.1 At the top of the page, hover over Solicitations

4.2.2.2 Select Search All Solicitations

4.2.2.3 Click View next to the applicable solicitation

4.2.3 Opportunity Details

4.2.3.1 Viewing Documents – Scroll down the page to the Files, Documents, Images section, Public Files: subsection. Here you will find all of the relevant files.

4.2.3.2 Submitting a Question – If you would like to submit a question, scroll down the page to the Questions and Answers section. Type your question in the My Questions/Answers text box and click the Ask Question box.

4.2.3.3 Register as Respondent - If you are interested in responding to the posting, click the button Register as Respondent on the left side of the screen.

4.2.3.4 Submitting Documents – If you would like to submit a response to this posting, scroll down the page to the Files, Documents, Images section, My Files: subsection. Here you will Select a file, select a File Category, and type a description before clicking the Save File button.

4.2.3.5 Response Status – Once you have registered as a respondent and submitted documents, scroll to the bottom of the page to the Response Status section and select the appropriate status for your submission, then click Submit.

SECTION 5: EVALUATION PROCESS

5.1 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with the Proposal Requirements section. 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, County may waive mistakes in accordance with MCPCR 20-0470.

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

Proposals meeting the requirements outlined in the Proposal Content Requirements section will move into Round 1 evaluation.

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5.2 EVALUATION CRITERIA

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be independently evaluated by each member of an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

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

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project. The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner.

Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements but does not demonstrate sufficient knowledge of the subject matter.

RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

5.2.1 Proposer Qualifications and Experience

o How well does Proposer’s qualifications demonstrate its ability to deliver successful Services as outlined in Exhibit A, Sample Contract?

5.2.2 Staffing And Equipment Plan

o How well does the proposer’s plan demonstrate a thorough understanding of the Yard Debris Grinding Services requested, as outlined in Exhibit A, Sample Contract?

o How well does the proposer’s project team demonstrate provide a staffing plan that includes the number of personnel and the equipment to be utilized during the Yard Debris Grinding period, as outlined in Exhibit A, Sample Contract.

5.2.3 Cost Evaluation

The SPC will conduct the cost evaluation. The SPC will award cost points to each Cost Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

lowest cost of all Proposers X cost points possible = cost points for Proposal cost being scored

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5.3 NEXT STEP DETERMINATION

County may determine Apparent Successful Proposer at the conclusion of Round 1 evaluation or may conduct additional rounds of evaluation if in the best interest of the County. Additional rounds of evaluation may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• Best and Final Offer

5.4 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

rounds and categories proposal evaluation max points possible

Proposers Qualifications and Experience 3.4.1 5.2.1 10

Staffing and Equipment Plan 3.4.2 5.2.2 25

Cost Proposal 3.4.3 5.2.3 65

Total 100

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

5.5 RANKING OF PROPOSERS

SPC will rank all Proposers advancing through all rounds of evaluation. After each applicable preference has been applied, the SPC will rank order the Proposals based on the final scores for each Proposal, with the Proposal receiving the highest score receiving the highest rank.

SECTION 6: AWARD AND NEGOTIATION

6.1 AWARD NOTIFICATION PROCESS

6.1.1 Award Consideration

County, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 5.

County may award less than the full Scope defined in this RFP.

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6.1.2 Intent to Award Notice

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

6.2 INTENT TO AWARD PROTEST

6.2.1 Protest Submission

An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

A Proposer is an Affected Offeror 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:

o All higher ranked Proposals are non-Responsive.

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

o County abused its discretion in rejecting the protestor’s Proposal as non-Responsive o County’s evaluation of Proposals or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If County receives only one Proposal, County may dispense with the intent to award protest period and proceed with Contract Negotiations and award.

6.2.1.1 Protests must:

o Be emailed to the Marion County Contracts and Procurement Manager at PO_Contracts@co.marion.or.us.

o Reference the RFP number o Identify prospective Proposer’s name and contact information o Be signed by an authorized representative o Specify the grounds for the protest o Be received by the date and time specified on the Notice of Intent to Award

6.2.2 Response to Protest

County 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 County.

6.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

6.3.1 Insurance

Prior to execution of the Contract, the apparent successful Proposer shall secure and demonstrate to County proof of insurance coverage meeting the requirements identified in the RFP or as otherwise negotiated.

Failure to demonstrate coverage may result in County terminating Negotiations and commencing Negotiations with the next highest-ranking Proposer. Proposer is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit A) prior to Proposal submission.

mailto:PO_Contracts@co.marion.or.us

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6.3.2 Taxpayer Identification Number

The apparent successful Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

o When requested by County (normally in an intent to award notice), or o When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

County will not make any payment until County has a properly completed W-9.

6.3.3 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. The selected Proposer shall submit a current Oregon Secretary of State business registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

6.4 CONTRACT NEGOTIATION

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Exhibit A), with the exception of those terms reserved for negotiation. Unless Proposer submits proposed changes as instructed in the Proposal Format Section, County intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Exhibit A). It may be possible to negotiate some provisions of the final Contract for Services; however, many provisions cannot be changed.

Any Proposal that is conditioned upon County’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Marion County Legal Department.

All items, except those listed below, may be negotiated between County and the apparent successful Proposer in compliance with Oregon State laws:

• Governing Law

• Jurisdiction and Venue

• Constitutional requirements and limitations

In the event that the parties have not reached mutually agreeable terms within 60 calendar days, County may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 7: ADDITIONAL INFORMATION

7.1 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 http://www.filinginoregon.com/index.htm

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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.

7.2 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of County. By submitting a Proposal in response to this RFP, Proposer grants the County 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 an Agreement, 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 unless the Proposal is submitted late.

7.3 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, County 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 County, as determined by County. County is not liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

7.4 COST OF SUBMITTING A PROPOSAL

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

7.5 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

SECTION 8: LIST OF ATTACHMENTS AND EXHIBITS

ATTACHMENT A PROPOSAL FORM

ATTACHMENT C COST PROPOSAL

ATTACHMENT D TRADE SECRET FORM

ATTACHMENT E PROPOSED CONTRACT MODIFICATIONS

EXHIBIT A SAMPLE CONTRACT