Request for Proposal S-58100-00005364_Rev.pdf

RFP-OB-S-581-00005364 – Oregon Indigenous Languages Documentary Film Project

STATE OF OREGON

COVER PAGE

DEPARTMENT OF EDUCATION,

Office of Indian Education

DOCUMENTARY FILM PROJECT

OREGON INDIGENOUS LANGUAGES PRESERVATION AND

PROMOTION

Intermediate Request for Proposal (RFP)

OREGON BUYS S-58100-00005364

Date of Issue: January 9, 2023

Closing Date: January 30, 2023

Single Point of Contact (SPC): Sonja Svenson

Address: 255 Capitol Street NE, 3rd Floor City, State, Zip Salem, OR 97310 Phone (voice) 503-383-8077 E-mail: (preferred) sonja.svenson@ode.oregon.gov mailto:sonja.svenson@ode.oregon.gov

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

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 COST EVALUATION

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF PROPOSERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

5.5 COST OF SUBMITTING A PROPOSAL

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

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 RESPONSIBILITY INQUIRY

ATTACHMENT F AMERICAN INDIAN/ALASKA NATIVE – STUDENT SUCCESS PLAN

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Education, Office of Indian Education (“Agency”), is issuing this Request for Proposal to solicit documentary film-making services which focuses on the successes of each of the nine (9) federally recognized tribal entities in Oregon with their Indigenous languages programs.

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 solicitation. Anticipated start date of the Contract is approximately mid- to late-February 2023. The initial term of the Contract is anticipated to be approximately four (4) months with an option to extend only if necessary.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Standard Time. All dates listed are subject to change.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and pursuant to Goal 3, Objective 3 of the Agency’s American Indian/Alaska Native – Student Success Plan.

Agency is using the solicitation method, pursuant to ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

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

Event Date Time

Questions / Requests for Clarification Due to SPC January 13, 2023 4:00 PM

FINAL Questions / Requests for Clarification January 20, 2023 4:00 PM

Closing (Proposal Due) January 30, 2023 4:00 PM

Issuance of Notice of Award (approx.) February 15, 2023

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

2.2.2 Project Specific Definitions

“Indigenous” means people or any group of people native to a specific region or inhabiting or existing in a land from the earliest historical times or from before the arrival of colonists or settlers, who defined new borders and occupied the land..

“Indigenous Languages” means a language that is native to a region and spoken by indigenous people, often reduced to the status of a minority language. This language would be from a linguistically distinct community that has been settled in the area for many generations.

“Native American” or “Native” means a person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.

“Tribes” means, for the purposes of this solicitation, a federally recognized tribal government in Oregon: Burns Paiute Tribe; Confederated Tribes of Coos, Lower Columbia and Siuslaw; Confederated Tribes of Cow Creek Band of Umpqua; Confederated Tribes of Grand Ronde; Confederated Tribes of Siletz Indians; Confederated Tribes of the Umatilla Indian Reservation; Confederated Tribes of Warm Springs; Coquille Tribe; and, Klamath Tribes.

2.3 OVERVIEW

The mission of the Agency’s Office of Indian is to support the efforts of early learning entities, local education agencies, Tribes, community-based organizations, post-secondary institutions of education, and other entities to meet the unique cultural, language, and educational needs of American Indian/Alaska Native students, and to ensure all students have the supports needed to be successful.

The Agency’s American Indian/Alaska Native (AI/AN Plan) – Student Success Plan provides communities with a refreshed mission that centers shared goals and sets specific data-driven priorities designed to meet the educational and cultural needs of AI/AN students in Oregon.

This plan is grounded by the overarching goal of success for these students as well as out-of-school youth.

Goal 3 – Objective 3 of the AI/AN Plan seeks to assess the status of American Indian languages for educational, cultural, and heritage purposes; to provide training and supports for Native language speakers to become licensed to teach in Oregon; and, to develop individual tribal plans for integration of heritage language programs into curriculum and other community education.

The Agency awarded grants in the 2020-2021 academic year to aid in the support of each Tribe’s language projects. Currently, each Tribe’s language projects are at varying stages of development.

The language preservation work currently being done by the nine federally recognized Tribes is inspiring and brings hope to generations of Indigenous people of Oregon. The final documentary film as a result of this solicitation must highlight the successes of Tribal language http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html preservation.

2.4 SCOPE OF WORK

2.4.1 The successful Proposer will be awarded a Contract to create, gather materials for, and produce a final and complete 60 to 90 minute documentary film on Oregon Tribal Indigenous languages for use by the Agency and the nine federally-recognized Tribes in Oregon.

2.4.2 The successful Proposer will provide Services in a timely manner. The Services include, but are not limited to:

2.4.2.1 Filming and Interview Schedule:

2.4.2.1.1 Shoot film footage over the course of 9 to 18 business days, unless more filming time requested by Tribe.

2.4.2.1.2 Spend nine (9) business days filming specific sites as identified by the Tribes.

2.4.2.1.3 Conduct interviews with up to two (2) Tribal members for one to two days at each Tribal site as identified by the Tribes.

2.4.2.1.4 Provide film in high definition (HD) or 5K Resolution format.

2.4.2.1.5 Provide written progress report to Agency Contract Administrator on or before March 31, 2023.

2.4.2.2 Post production:

2.4.2.2.1 Create one documentary film of 60 to 90 minutes in duration.

2.4.2.2.2 Film should be easy to understand and follow, visually interesting, and meet project objectives. Filmmaker must include music, song, or other musical requests as provided and requested by each Tribe.

2.4.2.2.3 Use original footage collected on site during initial filming and possible stock material as approved by Agency and Tribes. All sources must be credited. Film must include landscape shots or other featured events with request by and permission from each Tribe.

2.4.2.2.4 Ability to show film across multiple video platforms.

2.4.2.2.5 Images, animations, characters, historical photos, and data (charts and graphs) should be used to enhance overall documentary concept.

2.4.2.2.6 Work closely with Agency and all nine federally recognized Tribes in use of spoken narrative and Tribal music.

2.4.2.3 Project Completion:

2.4.2.3.1 Work with Agency and Tribes on requested alterations and revisions to all aspects of film and narratives, which may include two or more drafts of film and narratives.

2.4.2.3.2 Present completed Project to Agency and Tribes in video formats requested by each Tribe. Individual interviews must be returned to each Tribe upon Project completion.

2.4.2.3.3 Agency and Tribes will retain all rights to Oregon Indigenous Languages documentary film and all preparatory materials acquired by successful Proposer during the filming process.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM REQUIREMENTS

• Be available to start work immediately upon execution of a Contract by late February 2023;

• Be available for monthly virtual meetings (approximately 2 hours per month) with the

Agency Contract Administrator from start of Contract until June 15, 2023.

• Demonstrate at least five (5) years of experience in providing the requested or similar documentary filming-making services to the public, state agencies, community-based organizations, or other organizations with the need for similar services;

• Demonstrate ability and capacity to provide the completed Project film in various formats for use by the Agency and Tribes, including formats that can be uploaded to websites.

• Proposer must be registered to do business in Oregon, bonded, and insured to work with all ages of Native students and Tribal members.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity

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 solicitation will be met and may provide additional related information.

Cost information must be submitted as a separate electronic file.

Proposer shall submit one electronic copy of its Proposal. 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 Proposal, clearly identified as the redacted version.

3.2.2 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 Proposer to rejection by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Addenda and attachments, is published on Oregon Buys at www.OregonBuys.gov. Solicitation documents will not be mailed to prospective Proposers.

Agency shall advertise all Addenda on Oregon Buys. Prospective Proposer is solely responsible for checking Oregon Buys to determine whether or not any Addenda have been issued. Addenda are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

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

• Be emailed to the SPC in a PDF format

• Reference the RFP number Oregon Buys S-58100-00005364

• Identify Proposer’s name and contact information

• Be sent by an authorized representative

• Refer to the specific area of the solicitation 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

3.3.3 Proposal Conference

A pre-Proposal conference will not be held for this solicitation.

3.3.4 Proposal Submission

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the solicitation requirements before Closing. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery.

Proposal submitted by any means not authorized may be rejected.

3.3.5 Modification or Withdrawal of Proposals

Any Proposer who wishes to make modifications to a Proposal already received by Agency shall submit its modification in one of the manners listed in the Proposal Submission Options 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 OAR 125-247-0440. The notice must include the RFP number and be submitted to the SPC.

3.3.6 Proposal Due Date

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

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

http://www.oregonbuys.gov/

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposer or destroyed.

3.3.7 Proposal Rejection

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

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

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

• Proposer makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer attempts to inappropriately 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 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. However, Agency 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 solicitation. 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 solicitation will be considered non-Responsive to this solicitation and will not be considered further.

3.4.1 Proposal Information and Certification Sheet (Attachment C)

The Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

3.4.2 Technical Proposal

Proposer shall describe how Proposer would carry out the activities of this project in context with the Scope or Work (2.4) and the Minimum Requirements (3.1). The technical proposal must also address the following:

• Organization capacity;

• Project implementation plan and timeline; and

• Key persons, including resume(s) that support each key person’s ability to perform the Work.

3.4.3 The Proposer shall complete and submit the Reference Check Form (Attachment D).

Using Attachment D, send this attachment to least 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work. Reference check must send the filled out attachment via email directly to the SPC. References are evaluated.

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

3.4.4 Costs

Submit a detailed Cost Sheet stating the price for each deliverable and the total price for the entire project. Include a breakdown of all labor, travel expenses, profit, and miscellaneous expenses.

Cost sheet must be submitted as a separate electronic file.

3.4.5 Public Record/Confidential or Proprietary Information

All Proposals are public record and are subject to public inspection after Agency 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 from disclosure under the 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 Proposal.

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. Agency 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.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and Proposal Content 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, Agency may waive mistakes in accordance with OAR 125-247-0470.

Successful Proposer shall submit a signed Responsibility Inquiry Form (Attachment E) within 5 Business Days of receipt of notice of award. At any time prior to award, Agency may reject a Proposer found to be not Responsible.

3.5.2 Evaluation Criteria

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be evaluated by 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 EXPLANATIONS

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 an 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.

5 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 – Response meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

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

3.5.2.1 Organizational Capacity

o How well does Proposer’s qualifications and experiences align to support the work?

o To what extent is Proposer experienced with tribal organizations?

o To what extent is the Proposer experienced with documentary filmmaking in

Indigenous communities?

o To what extent is Proposer knowledgeable of overall Native community protocol(s)?

o How well does Proposal demonstrate ability to successfully fulfill the project based on previous success (on time/on budget) providing similar services?

o How experienced is Proposer in providing a completed project on a very tight timeframe?

3.5.2.2 Project Implementation Plan and Timeline

o How well does the Proposer understand the purpose, scope and timelines associated with the Work?

o To what extent does Proposer’s plan support a successful project?

o Has Proposer demonstrated the ability to perform the required activities of the Project?

3.5.2.3 Key Persons

o To what extent do Proposer’s key person(s) possess the knowledge, understanding, and experience to perform the work of the project?

o To what extent does Proposer demonstrate an ability to communicate well when working with a variety of people, e.g., different cultures, different ages, different languages, different speaking styles?

3.6 COST EVALUATION

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

lowest price of all Proposers X cost points possible = Cost points awarded cost being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State.

Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

If agency elects to conduct additional rounds(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and (1) issue a Notice of Intent to Award to the highest ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the RFP.

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and:

3.8 PREFERENCES

3.8.1 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least 1 Proposer does not, Agency will select the Proposer offering 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.

3.8.2 Tiebreakers

Oregon Supplies: 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 125-246-0300.

3.9 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 across all evaluators of each section will be used. Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

EVALUATION CRITERA : POINTS POSSIBLE

3.5.2.1 Organizational Capacity 35

3.5.2.2 Project Implementation Plan 25

3.5.2.3 Key Person(s) 25

3.6 Cost 20

3.4.3 References 25

3.6 POINTS POSSIBLE 130

EXAMPLE:

Proposer A receives scores of 30, 29, 25, 31, and 29 for a criterion worth 35 points. The SPC averages the five scores for 28.8. 28.8 is used as the score for the criterion. A total of average scores across all criterion by all evaluators will be final total for each Proposer.

3.10 RANKING OF PROPOSERS

The SPC will total the points for each Proposal in a given round of competition.

After any applicable preference has been applied, Agency will rank all Proposals at the conclusion of the evaluation and scoring and may, at 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 RFP process.

SPC will describe the rank order for each Proposer, with the highest point total receiving the highest rank, and successive rank order determined by the next highest total.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, 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 3.

Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

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

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 Insurance

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

Failure to demonstrate coverage may result in Agency 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 B of Attachment A) prior to Proposal submission.

4.2.2 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:

• When requested by Agency (normally in an intent to award notice), or

• When the backup withholding status or any other information of Proposer has changed since the last submitted W-9 form, if any.

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

4.2.3 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.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

By submitting a Proposal, Proposer agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation. Proposer shall review the attached Sample Contract and note exceptions. Unless Proposer notes exceptions in its Proposal, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, 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. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposals.

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

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

• Choice of law

• Choice of venue

• Constitutional requirements

• All applicable Federal and State requirements

In the event that the parties have not reached mutually agreeable terms within seven (7) calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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= oregon4biz

5.2 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 https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz for the District of Oregon. In no event shall this Section 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 from the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting an 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 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.

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

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this solicitation 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Proposal.

5.5 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.

5.6 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. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 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 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

http://www.oregon.gov/DAS

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E RESPONSIBILITY INQUIRY

ATTACHMENT F AMERICAN INDIAN/ALASKA NATIVE – STUDENT SUCCESS PLAN