RFA S-10000-00011992~1.pdf

STATE OF OREGON

COVER PAGE

The Oregon Department of Humans Services, by and through its

OFFICE OF CHILD WELFARE PROGRAMS

Is issuing this Request For Applications under OregonBuys Bid Solicitation Number S-10000-00011992 for

ADOPTION VENDOR ATTORNEY SERVICES

Date of Issue: Tuesday, January 14, 2025 Opening Date and Time: Monday, December 31, 2029, at 3:00 PM Pacific Time

Single Point of Contact (SPC): Louie Thomas, Procurement Specialist ODHS Office of Contracts and Procurement

Address: 500 Summer Street NE E03 City, State, Zip: Salem, Oregon 97301 Phone: (971) 283-4755 E-mail: louie.thomas@odhs.oregon.gov

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Single Point of Contact (SPC) at the contact information found above. We accept all relay calls.

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.

OregonBuys Bid Solicitation S-10000-00011992 Child Welfare – Adoption Vendor Attorney Services

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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 OREGONBUYS

2.4 OVERVIEW AND BACKGROUND

2.5 SCOPE OF WORK, SPECIFICATIONS, AND PAYMENT AND FINANCIAL REPORTING

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 APPLICANT’S STATUS

3.3 MINIMUM SUBMISSION REQUIREMENTS

SECTION 4: TECHNICAL REQUIREMENTS AND SPECIFICATIONS

4.1 AUTHORIZED REPRESENTATIVE

4.2 PUBLIC NOTICE

4.3 QUESTIONS AND REQUESTS FOR CLARIFICATIONS

4.4 APPLICATION DELIVERY OPTIONS

4.5 APPLICATION WITHDRAWAL

4.6 APPLICATION DUE

4.7 PUBLIC OPENING

4.8 APPLICATION REJECTION

4.9 EVALUATION PROCESS

SECTION 5: AWARD

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

5.3 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFA; REJECTION OF APPLICATION; NO DAMAGES

6.5 COST OF SUBMITTING AN APPLICATION

6.6 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

Attachment A “Application and Applicant’s Information and Certification Sheet”

Attachment B “Sample Vendor Attorney Services Contract”

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Department of Human Services (“ODHS”) and it’s Office of Child Welfare Programs (“CW”), is issuing this Request for Application (“RFA”) under the provisions of ORS 279B.060 to provide legal services to potential Adoptive providers for children in the care and custody of ODHS.

A “Vendor Attorney” is an attorney designated by ODHS by executing a Vendor Attorney Services Contract, who is in good standing with the Oregon State Bar (“OSB”), has met the requirements set forth in this RFA to provide legal services to potential adoptive providers in the adoption of children in the care and custody of ODHS, and who have been placed on the Adoptions Services Vendor Attorney Registry (“Registry”) by ODHS. Once the “Legal Fee Agreement for Qualified Vendor Attorney Services” is executed between the parties and the relationship between the Adoptive Family and Vendor Attorney is established, ODHS is no longer a party in the attorney-client relationship, but does remain responsible to pay for the adoption in accordance with the Vendor Attorney Services Contract.

If you choose to apply to be a Vendor Attorney, additional details on the Scope of the services to be provided are included in subsection 2.5 “Scope of Work, Specifications, and Payment and Financial Reporting,” below. For the Minimum Requirements to be a Vendor Attorney, refer to subsection 3.1 “Minimum Qualifications.” For information on what’s required to apply, refer to subsection 3.3 “Minimum Submission Requirements.”

Payment for services are paid on a “Rate for Service” basis (refer to paragraph 2.5.11 “Payment and Financial Reporting Information”); and because the Adoptive Parents choose the Vendor Attorney that represents them, without any input or influence from ODHS, ODHS makes no guarantee of the amount or number of services that will be requested or provided by any Vendor Attorney.

ODHS expects to award Contracts to all Applicants that submits a Responsive and Responsible Application that meets the requirements of this RFA.

All persons or firms applying for this Work are referred to as Applicants; after execution of a Contract, the awarded Applicant will be referred to as a Contractor and designated by ODHS as a Vendor Attorney.

Current Vendor Attorneys who have a current Vendor Attorney Services Contract with ODHS, or have applied under OregonBuys Bid Solicitation S-10000-00000747, have already met the requirements of this RFA, have qualified to be a Vendor Attorney and need not reapply.

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1.2 SCHEDULE

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

Event Date Time

RFA open and available to receive Applications January 1, 2025 12:01 AM

Questions and Answers, or Requests for Clarification (refer to subsection 4.3)

Received and responded to continuously until 7 calendar days prior to the Final Opening Date and Time

Final Opening Date and Time (All Applications are Due) (refer to subsection 4.6)

December 31, 2030 3:00 PM

1.3 SINGLE POINT OF CONTACT (SPC)

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

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

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.1.1 Authority. ODHS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2).

2.1.2 Method. ODHS is using a Request for Application method pursuant to “Class Special Procurement: ‘Request for Application’,” DAS Special Procurement SP 826- 16/REQ-DA SOBO-00019979, under its authority set forth in OAR 125-247- 0288(2) “Client Services Source Selection.”

2.2 DEFINITION OF TERMS

For the purposes of this RFA, capitalized words are defined in OAR 125-246-0110 or as defined below. Terminology specific to OregonBuys may be found in subsection 2.3 “OregonBuys.”

2.2.1 “Adoption by Petition” means an adoption process that begins by petition, filed in an Oregon circuit court, or another court of proper jurisdiction, by any person for leave to adopt another person.

2.2.2 “Adoptions Services Vendor Attorney Registry” or “Registry” is a list of attorneys maintained and distributed by CW that list those attorneys, state-wide, who have met, and continue to meet, certain qualifying criteria to be a Vendor Attorney, and have agreed to provide adoption Services for the rates, terms, and

6033-0 v7 final / l.thomas Page 5 of 18 conditions identified within this RFA and the resultant Vendor Attorney Services Contract.

2.2.3 “Adoptive Parent” means a family that has been selected for a child by ODHS and has not been subject to an administrative review, or if subject to a review, has been sustained by that review.

2.2.4 “Judgment of Adoption” means the final order of a court of appropriate jurisdiction making permanent the adoption. Formerly referred to as the “Adoption Decree.”

2.2.5 “Law Firm” means a business engaged in the practice of law.

2.2.6 “OSB” means the Oregon State Bar.

2.2.7 “Petitionless Adoption” means an adoption process where legalizing the adoption does not require the actual filing of a petition in accordance with OAR 413-120- 0155, and can be legalized through a Juvenile Court.

2.2.8 “Vendor Attorney” refers to an attorney who has submitted an application to ODHS through this or another qualifying RFA and ODHS has accepted the Application; the attorney has met the RFA requirements, including being a member of the OSB in good-standing; the parties have fully executed a Vendor Attorney Services Contract; and the attorney has been placed on the Adoption Services Vendor Attorney Registry by CW.

2.2.9 “Vendor Attorney Legal Fee Agreement” means the “Legal Fee Agreement for Qualified Vendor Attorney Services” form issued by CW to Adoptive Parents to aid them in their selection of a Vendor Attorney. The form must be signed by the Adoptive Parents and the Vendor Attorney, and provides authorization to the Vendor Attorney to provide Services under the Vendor Attorney Services Contract.

2.2.10 “Vendor Attorney Services Contract” refers to the Personal Services contract executed between the Applicant and ODHS when all requirements are met in accordance with this RFA. Once fully executed, the Vendor Attorney will be placed on the Adoption Services Vendor Attorney Registry by ODHS and the Vendor Attorney is eligible to perform services.

2.3 OREGONBUYS

OregonBuys is the only delivery option permitted for this Solicitation (“RFA”) (refer to subsection 4.4 “Proposal Delivery Options”). Applications, referred to as “Quotes” in OregonBuys, should be submitted electronically through OregonBuys at:

https://OregonBuys.gov/bso

You do not need to be registered in OregonBuys to view an RFA; but you do need to be registered as a “Vendor” to download and respond to an RFA.

https://oregonbuys.gov/bso

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2.3.1 OregonBuys Guidelines and Assistance

2.3.1.1 For Assistance with OregonBuys (Vendor Help Desk):

Email: suppliersupport@periscopeholdings.com Phone: 1-855-800-5046

2.3.1.2 For information on how to register as a Vendor in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf

2.3.1.3 For guidelines on how to find an open or closed Bid Solicitation in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/How%20to%20find%20open%20 or%20closed%20bids.pdf

2.3.1.4 Detailed instructions on how to submit an Application (“Quote”) in OregonBuys:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Form al%20Solicitation%20Response.pdf

If the above-links are not an option, obtain the information through the Vendor Help Desk (subparagraph 2.3.1.1, above), or contact the SPC.

2.3.2 Terminology specific to OregonBuys:

2.3.2.1 “Amendment” means any change to the RFA document or its requirements. In addition:

2.3.2.1.1 The term “Amendment” has the same meaning as the terms “Addendum” and “Addenda.” Modifications to the RFA, if any, will be made by written Amendment and is effective upon being published in OregonBuys.

2.3.2.1.2 Answers to Questions or Requests for Clarification may be posted as an Amendment or part of an Amendment in OregonBuys, and may include provisions that change the RFA document or its requirements.

2.3.2.1.3 Notices of any changes in the circumstance of the RFA, such as “Notices” or other informational documents or notifications, may also be referred to as “Amendments” in OregonBuys, although they may not make any actual changes to the RFA, and are also effective when posted in OregonBuys.

2.3.2.2 “Bid Availability Date” means the date and time this Bid Solicitation will be visible in OregonBuys for Proposers/Vendors to view and respond to.

2.3.2.3 “Bid Solicitation” or “Solicitation” is a generic term in OregonBuys that refers to all types of bids or proposals seeking responses. This Request for Application, or RFA, is a type of Bid Solicitation. OregonBuys uses the generic term “Bid Solicitation” to refer to all solicitations in OregonBuys, regardless of type.

2.3.2.4 “Opening Date and Time” means the date and time after which Applications will no longer be accepted by ODHS and OregonBuys. The Opening Date and Time begins the period where ODHS will begin the review and evaluation phases.

mailto:suppliersupport@periscopeholdings.com https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf https://www.oregon.gov/das/ORBuys/Documents/How%20to%20find%20open%20or%20closed%20bids.pdf https://www.oregon.gov/das/ORBuys/Documents/How%20to%20find%20open%20or%20closed%20bids.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf

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2.3.2.5 “Quote” is a term in OregonBuys that means a response to any type of Bid Solicitation.

The response to this RFA, the Application, is known as the Quote after being accepted in OregonBuys. In most cases, OregonBuys uses the generic term “Quote” to refer to all responses to most type of Bid Solicitations.

2.3.2.6 “Vendor” is a term in OregonBuys that means the public or private entity that registered in OregonBuys to download and respond to a Bid Solicitations, or to view awarded contracts and agreements. The Applicant is known as the Vendor in OregonBuys.

2.4 OVERVIEW AND BACKGROUND

The Office of Child Welfare Programs (“CW”) is the agency within ODHS responsible for the safety, permanency, and well-being of children. ODHS is mandated by law to provide safe and suitable placement for children when they are not able to live in their own homes due to issues of abuse or neglect. CW has responsibility to plan for permanent care, often in adoptive homes, for children who cannot return home after temporary out-of-home care.

The Work of this RFA and its resultant Vendor Attorney Services Contracts sets forth the terms and conditions under which the Vendor Attorney provides Services in order to establish a relationship with the Adoptive Family; the manner the referrals for Services are made; the Services the Vendor Attorney must perform to assist in legalizing the adoption; and the terms and conditions by which ODHS will pay for those Services. Once the relationship between the Adoptive Family and Vendor Attorney is established, ODHS is not a party to the attorney-client relationship, but does remain obligated to pay for those Services in accordance with the Vendor Attorney Services Contract.

2.5 SCOPE OF WORK, SPECIFICATIONS, AND PAYMENT AND FINANCIAL REPORTING

2.5.1 The State of Oregon, ODHS, nor any other of the State’s Departments, Divisions, Agencies or Agents make any guarantee that any specific level of Work or overall dollar amounts will be authorized for and required of any Vendor Attorney. The Adoptive Parents choose a Vendor Attorney without any guidance or influence from ODHS beyond being provided the Adoptions Services Vendor Attorney Registry from which to select a Vendor Attorney, which is separated by counties, and compiled based on information received from the Vendor Attorney.

2.5.2 Referrals shall be processed via the Vendor Attorney Legal Fee Agreement.

2.5.3 The Vendor Attorney shall perform, and ODHS will pay for, Work only when performed under the terms and conditions of the Vendor Attorney Legal Fee Agreement.

2.5.4 The Vendor Attorney shall be an active member in good standing and remain an active member in good standing with the OSB for the duration of any resultant Vendor Attorney Services Contract issued under the authority of this RFA. Vendor Attorney shall notify the ODHS Contract Administrator no later than seven (7) calendar days after any status change if the Vendor Attorney’s status with the OSB changes. ODHS maintains the right to inquire with the OSB for verification of status with OSB.

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2.5.5 The Vendor Attorney shall have sole responsibility for contacting the ODHS Contract Administrator to update the Registry information, including but not limited to the counties where the Vendor Attorney performs Services or languages the Vendor Attorney lists in the Registry. In no way will the listing restrict the Vendor Attorney from providing legal Services in any part of the state but is merely collected to assist the Adoptive Family in selecting a Vendor Attorney.

2.5.6 All Services provided under the Vendor Attorney Services Contract will be authorized by the Vendor Attorney Legal Fee Agreement, issued by ODHS and signed by the Adoptive Parents, selecting the Vendor Attorney as their Attorney of Record.

2.5.7 The Vendor Attorney Legal Fee Agreement consists of the following information:

2.5.7.1 The child’s name and date of birth; and the Adoptive Parents;

2.5.7.2 The Services to be provided by the Vendor Attorney, the rate to be paid to the Vendor Attorney for those Services, and the agreement between ODHS and the Adoptive Parents, signed by the Adoptive Parents, authorizing ODHS to issue a payment directly to the Vendor Attorney for legal Services to finalize the adoption; and

2.5.7.3 A section signed by the Vendor Attorney indicating that the Vendor Attorney agrees to perform the service and accept the ODHS rate for reimbursement.

2.5.8 Vendor Attorney Selection Process.

2.5.8.1 ODHS will send Adoptive Parents the Vendor Attorney Legal Fee Agreement with a copy of the Registry pages containing the appropriate counties along with other material relevant to the adoption. The Registry pages will be sent out through the ODHS Central Office Adoption Assistance Program. The Adoptive Parents select a Vendor Attorney and forward the entire Vendor Attorney Legal Fee Agreement directly to the Vendor Attorney they have selected.

2.5.8.2 Once the Vendor Attorney Legal Fee Agreement is received by the Vendor Attorney, the Vendor Attorney shall print his or her name, insert the appropriate Contract number, and sign and date the form in the appropriate areas, and return it to the ODHS Central Office Adoption Assistance Program within seven (7) calendar days of receipt from the Adoptive Parents.

2.5.8.3 ODHS will reimburse the Vendor Attorney for Services provided in accordance with the terms and conditions of the Vendor Attorney Services Contract, however, ODHS is, and will remain, independent of the client-attorney relationship established between the Adoptive Parents and the Vendor Attorney. The legal client-attorney relationship is solely between the Adoptive Parents and the Vendor Attorney.

2.5.9 Services.

ODHS prefers “Petitionless Adoption” whenever possible. It is the responsibility of the Vendor Attorney to inform the Adoptive Parents of the options available including ODHS’

6033-0 v7 final / l.thomas Page 9 of 18 preference and benefits of the Petitionless Adoption when this option is available. It is then the responsibility of the Vendor Attorney to advise ODHS of the plan to finalize the adoption and follow the preference stated whenever possible.

2.5.9.1 Petitionless Adoption.

An adoption may be finalized without the filing of a petition as set forth in ORS 419B.529 and further defined under OAR 413-120-0142 through 413-120-0175.

2.5.9.1.1 Once the Vendor Attorney has returned the Vendor Attorney Legal Fee Agreement to ODHS, the Vendor Attorney has no specific responsibilities to ODHS until the material containing the “Consent to Adopt” (the “Consent Packet”) is received by the Vendor Attorney. The Consent Packet will contain documents to assist the Vendor Attorney with completing the adoption. The Consent Packet will be provided by the ODHS Contract Administrator to the Vendor Attorney via encrypted email.

2.5.9.1.2 Within 30 calendar days from the date of receipt of the Consent Packet, the Vendor Attorney shall prepare the Judgment of Adoption and submit it to the court for signature.

2.5.9.1.3 When the Judgment of Adoption is signed by the Court, within 30 calendar days, the Vendor Attorney:

i. Shall ensure that the Adoptive Family has been provided with the original copy or a certified copy of the signed Judgment of Adoption.

ii. Shall apply for a new birth certificate for the adopted child or children. The Adoptive Family will be provided with the new birth certificate.

iii. May provide ODHS with a copy of the Judgment of Adoption.

2.5.9.2 Adoption by Petition:

2.5.9.2.1 Once the Vendor Attorney has returned the Vendor Attorney Legal Fee Agreement to ODHS, the Vendor Attorney has no specific responsibilities to ODHS until the material containing the “Consent to Adopt” (the “Consent Packet”) is received by the Vendor Attorney. The Consent Packet will contain documents to assist the Vendor Attorney with completing the adoption. The Consent Packet will be provided by the ODHS Contract Administrator to the Vendor Attorney via encrypted email.

2.5.9.2.2 Within 30 calendar days of receipt of the Consent Packet from ODHS, the Vendor Attorney shall prepare the “Petition to Adopt”, obtain the signature of the Adoptive Parents, and file the “Petition to Adopt” with an Oregon Court with appropriate jurisdiction. A copy of the “Petition to Adopt,” including the Court-issued petition number, shall be provided to ODHS Central Office Adoption Assistance Program within seven (7) calendar days after the Vendor Attorney receives the court-issued petition number from the Court.

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2.5.9.2.3 When ODHS receives a copy of the “Petition to Adopt” from the Vendor Attorney that includes the court-issued petition number, ODHS will prepare and provide the Vendor Attorney the “Final Report to the Court” and include a copy of the child’s ODHS form CF 246, the “Genetic and Medical History of the Child and Biological Family” form.

2.5.9.2.4 Within 15 calendar days from receipt of the “Final Report to the Court”, the Vendor Attorney shall prepare the Judgment of Adoption and submit it to the court for signature along with the “Final Report to the Court”.

2.5.9.2.5 When the Judgment of Adoption is signed by the Court:

i. The Vendor Attorney shall ensure that the Adoptive Family has been provided with the original copy or a certified copy of the signed Judgment of Adoption.

ii. The Vendor Attorney shall apply for a new birth certificate for the adopted child or children. The Adoptive Family will be provided with the new birth certificate(s).

iii. The Vendor Attorney may provide ODHS with a copy of the Judgment of Adoption.

2.5.9.2.6 The Vendor Attorney acknowledges and accepts that the timely finalization of adoption is one of ODHS’ primary objectives. Repeated failure to meet the time frames identified, as determined exclusively by ODHS, will constitute a material breach of Contract and ODHS may terminate the Contract pursuant to Exhibit B, Section 10. “Default;

Remedies; and Termination" or another appropriate section of the Vendor Attorney Services Contract.

2.5.10 Vendor Attorney(s) of a Law Firm.

2.5.10.1 The Law Firm acknowledges and agrees that ODHS selected the Law Firm, and is entering into a Contract with them, because of the special qualifications of the Law Firm’s Vendor Attorney(s). The Law Firm’s Vendor Attorney(s) shall not delegate performance of the powers and responsibilities they are required to provide under the Vendor Attorney Services Contract to another Vendor Attorney without first obtaining prior written consent of ODHS.

2.5.10.2 The Law Firm shall not re-assign or transfer Vendor Attorney(s) to other duties or positions such that the Vendor Attorney(s) are no longer available to provide ODHS with their expertise, experience, judgment, and personal attention, without first obtaining ODHS’ prior written consent.

2.5.10.3 In the event the Law Firm requests that ODHS approve a re-assignment or transfer of Vendor Attorney(s), or if Law Firm must replace Vendor Attorney(s) due to death, illness, or termination of employment with the Law Firm, ODHS shall have the right to interview, review the qualifications of, and approve or disapprove the proposed replacement(s) for such Vendor Attorney(s) before Vendor Attorney(s) begin any work under the Vendor Attorney Services

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Contract.

2.5.10.4 Any such replacement shall have substantially equivalent or better qualifications than Vendor Attorney(s) being replaced and shall perform the Services in accordance with the warranties set forth in this RFA and the Vendor Attorney Services Contract. Any replacement personnel approved by ODHS shall thereafter be deemed a Vendor Attorney(s) and shall be specifically identified in a future amendment as such.

2.5.11 BY PROVIDING SERVICES UNDER THE RESULTING CONTRACT, THE VENDOR

ATTORNEY ACKNOWLEDGES THAT, WHERE AN ADOPTION IS SOUGHT OR

OBTAINED, THAT THE VENDOR ATTORNEY DOES NOT REPRESENT THE STATE

OF OREGON, ODHS, ITS EMPLOYEES OR AGENTS. THE VENDOR ATTORNEY

AGREES THAT THE VENDOR ATTORNEY SHALL NOT REPRESENT TO THE COURT

OR ANY OTHER INDIVIDUALS OR ENTITIES THAT THE VENDOR ATTORNEY

REPRESENTS, OR IS AN ATTORNEY OR AGENT FOR, THE STATE OF OREGON,

ODHS, THE OFFICE OF CHILD WELFARE PROGRAMS, NOR ANY OTHER OF THE

STATE’S DEPARTMENTS, DIVISIONS, AGENCIES OR AGENTS.

2.5.12 Payment and Financial Reporting Information

2.5.12.1 Upon receipt of the Judgment of Adoption, signed by a court with appropriate jurisdiction, ODHS will pay the Vendor Attorney based upon the following payment structure:

2.5.12.1.1 $550.00 for attorney services. In the case of a sibling group being adopted by the same family, ODHS will pay $550.00 for attorney services for each sibling and the cost of a new birth certificate for each sibling.

2.5.12.1.2 The cost of a new birth certificate for each sibling based on the fee schedule set by Oregon Vital Records will be reimbursed. When the cost of a birth certificate exceeds the fee set by Oregon Vital Records, ODHS will pay the actual fee paid by the Vendor Attorney upon receipt of proof of payment.

2.5.12.1.3 An amount equal to the court filing fee paid by the Vendor Attorney for filing the Petition to Adopt if one is so filed will be reimbursed. ODHS will reimburse only the amount of fee actually paid by the Vendor Attorney to the court, and only upon receipt of proof of payment.

2.5.12.1.4 An amount equal to the court filing fee paid by the Vendor Attorney for filing the Judgment of Adoption will be reimbursed. ODHS will reimburse only the amount of the fee actually paid by the Vendor Attorney to the court, and only upon receipt of proof of payment.

2.5.12.1.5 ODHS will reimburse the amount of the certificate of adoption issuance fee, and only upon receipt of proof of payment.

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2.5.12.1.6 Only one petition filing fee and one judgment filing fee will be paid regardless of the number of children being adopted in a sibling group by the same family, unless the separate filing is required by the court.

When the court requires separate petitions to be filed on behalf of siblings being adopted by the same family, an additional $75.00 for attorney services for each sibling will be paid by ODHS. The Vendor Attorney shall notify ODHS that the separate petitions were required by the court prior to the Judgment for Adoption.

2.5.12.1.7 Reimbursement of any other extraordinary fees paid by the Vendor Attorney will only be paid by ODHS when approved by a Manager for Post Adoptions Services or designee, and only when the fee is necessary to finalize the adoption. Postage costs, certified mail costs, copying costs, including certified copies, are not considered a fee eligible for reimbursement unless the fees are unusual, as in the case of an international adoption.

2.5.12.2 Proof of Payment:

2.5.12.2.1 Shall consist of a receipt or copy of the processed check;

2.5.12.2.2 Shall be included with the Judgment of Adoption or submitted to ODHS prior to the Judgment of Adoption to allow for a single payment to be processed to the Vendor Attorney.

When proof of payment is not available prior to the Judgment of Adoption, the Vendor Attorney shall notify ODHS prior to the Judgment of Adoption that proof of payment will be forthcoming.

2.5.12.3 Payment will be made to the Vendor Attorney:

2.5.12.3.1 After the adoption is fully legalized and ODHS receives a copy of the Judgment of Adoption, signed by the Court, and proof of payment (if applicable);

2.5.12.3.2 After the final proof of payment is received or when ODHS has been notified that a proof of payment is not available prior to the Judgment of Adoption and is forthcoming; or

2.5.12.3.3 When all processes are as completed as possible, and the adoption has failed for reasons outside the control of the Vendor Attorney.

2.5.12.4 Vendor Attorney acknowledges that the fees listed above are for Services provided. If no Services are provided, ODHS retains the right to limit or eliminate fees for Services not provided. If partial Services are provided, ODHS retains the right to limit or prorate fees for those Services. Fees for all Services listed are contingent upon completion of the tasks.

2.5.12.5 Fees paid by ODHS to the Vendor Attorney are intended to cover completion of all required paperwork, meetings with Adoptive Parents and others when

6033-0 v7 final / l.thomas Page 13 of 18 required or warranted, court appearances, court filings, copying, postage costs including Certified Mail costs, and all other costs necessary to process the adoption through to finalization and provide the Adoptive Parents with an original or certified copy of the signed Judgment of Adoption and a new birth certificate for each of their adopted child(ren). The Vendor Attorney agrees to accept the payments specified in the Vendor Attorney Services Contract as payment in full for providing all required legal and associated Services, and agrees not to charge, nor accept, any payments from the Adoptive Parents for any Services associated with those provided under the Contract, including deposits, any types of advance payment, pre-payments, or any type of “up front” funding.

2.5.12.6 Vendor Attorney shall send all Judgements of Adoption and applicable proof of payment to ODHS’ Contract Administrator at the address specified on page 1 of the Vendor Attorney Services Contract, or to any other address as ODHS may indicate in writing to Vendor Attorney. Vendor Attorney’s claims to ODHS for overdue payments are subject to ORS 293.462.

2.5.12.7 Travel and Other Expenses.

ODHS shall not reimburse Vendor Attorney for any travel or additional expenses under this Contract unless specifically pre-approved by the ODHS Contract Administrator for extraordinary circumstances.

2.5.13 Performance Standards.

Pursuant to ORS 279B.055(2) ODHS requires that the Vendor Attorney meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or Services.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be a Vendor Attorney, the Applicant must meet all of the following Minimum Qualifications:

3.1.1 Be an active member in good standing, and remain an active member in good standing, with the Oregon State Bar for the duration of any awarded Vendor Attorney Services Contract.

3.1.2 Have and maintain the types and limits of insurance required by current, active OSB membership and any awarded Contract.

3.1.3 Not previously had a Vendor Attorney Services Contract that has been terminated or cancelled by ODHS, unless ODHS has determined the reason for the termination or cancellation has been mitigated.

3.1.4 Have at least three years’ experience providing legal services for adoptions.

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3.2 APPLICANT’S STATUS

There are slightly different requirements if you’re applying as an individual attorney or whether you’re part of a larger organization or firm.

3.2.1 An individual attorney applying to be a Vendor Attorney needs only to submit Attachment A to ODHS.

3.2.2 Applicants that are applying as part of an organization or legal firm with multiple attorneys must submit an Attachment A “Application and Applicant’s Information and Certification Sheet” for each attorney that will be providing Vendor Attorney work. A single Vendor Attorney Services Contract will be issued to the firm and name those authorized to provide Vendor Attorney services.

3.3 MINIMUM SUBMISSION REQUIREMENTS

To apply to be a Vendor Attorney, you must submit the following to ODHS:

3.3.1 Attachment A “Application and Applicant’s Information and Certification Sheet”

• Complete the identifying information at the top portion of the form;

• Please check the county or counties that you’d like to reflect on the Registry. The Registry is provided to all Adoptive providers to assist them in selecting a Vendor Attorney. Although a Vendor Attorney can present in any county in Oregon, the Registry is divided into counties to assist the Adoptive Parent with their decision.

• Respond to the four questions. They represent and provide certification of the Minimum Qualification for a Vendor Attorney.

• Sign and date the form in the space provided to certify compliance with the form’s terms and conditions. The form must be signed by the Applicant.

SECTION 4: TECHNICAL REQUIREMENTS AND SPECIFICATIONS

4.1 AUTHORIZED REPRESENTATIVE

Failure of Applicant’s authorized representative to sign Attachment A “Application and Applicant’s Information and Certification Sheet” may result in rejection of the Application by

ODHS.

4.2 PUBLIC NOTICE

The RFA 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 Applicants.

https://oregonbuys.gov/

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Modifications, if any, to this RFA will be made by written Amendment(s) published in OregonBuys. Prospective Applicant is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFA by this reference.

4.3 QUESTIONS AND REQUESTS FOR CLARIFICATIONS

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

• Be delivered to the SPC via email (email address is on the RFA Cover Sheet);

• Reference the OregonBuys bid number (S-10000-00011992);

• Identify Applicant’s name and contact information;

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

• Be received by the due date and time for Questions or Requests for Clarification identified in subsection 1.2 “Schedule.”

4.4 APPLICATION DELIVERY OPTIONS

Applicant is solely responsible for ensuring its Application is received by the SPC in accordance with the RFA requirements before the Final Opening time and date in accordance with subsection 1.2 “Schedule.” ODHS is not responsible for any delays in or transmission errors, or for any mis-delivery for any reason. An Application submitted by any means not authorized below will be rejected. The following delivery option is the only method authorized and permitted for this RFA:

Delivery through OregonBuys Application submission should be electronically through OregonBuys at: OregonBuys.gov

Detailed instructions on how to submit a Application can be found in paragraph 2.3.1 “OregonBuys Guidelines and Assistance.”

4.5 APPLICATION WITHDRAWAL

If a Applicant wishes to withdraw a submitted Application, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email in accordance with OAR 125-247-0440. To be effective, the notice must include the OregonBuys bid number (S-10000-00011992).

4.6 APPLICATION DUE

An Application must be received and accepted by OregonBuys on or before the Final Opening Date and Time (refer to subsection 1.2 “Schedule”). All Application withdrawals must also be received prior to the Final Opening Date and Time.

An Application received after the Final Opening Date and Time is considered late and will not be accepted by OregonBuys.

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4.7 PUBLIC OPENING

There will be no Public Opening of this Solicitation, nor will ODHS issue any Notices of Intent to Award Contracts (refer to paragraph 5.1.2 “Intent to Award Notice”).

4.8 APPLICATION REJECTION

ODHS may reject an Application for any of the following reasons:

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

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

• Application is conditioned on ODHS’ 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 RFA or Amendment(s).

4.9 EVALUATION PROCESS

There is no evaluation process for Applications submitted in response to this RFA. ODHS expects to award Contracts to all Applicants that submits a Responsive and Responsible Application that meets the requirements of the RFA.

SECTION 5: AWARD

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

ODHS will contact the Applicant within 15 business days of receipt of the Application in OregonBuys to discuss, clarify, and resolve any issues identified by either Party in the Application or in the Sample Contract (attachment B “Sample Vendor Attorney Services Contract”).

Once discussions are completed, if an agreement is reached regarding any identified issues, ODHS will present the Vendor Attorney Services Contract to the Applicant for signature.

Once signed, and the other requirements are met, the Applicant will be known as the “Contractor” or “Vendor Attorney.”

5.1.2 Intent to Award Notice

ODHS will not issue an Intent to Award notices when negotiating and executing Contracts in response to this RFA.

5.2 APPARENT SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

Applicants who are selected for a Contract award under this RFA will be required to submit additional information and comply with the following:

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5.2.1 Insurance

Applicant shall certify in its completion of Attachment A “Application and Applicant’s Information and Certification Sheet” that they currently meet and will maintain as current all insurance requirements set by the Oregon State Bar for the duration of the Vendor Attorney Services Contract.

5.2.2 Taxpayer Identification Number

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

5.2.3 Business Registry

If selected for award, Applicant shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit the Oregon Secretary of State for Oregon Business Registry information:

http://sos.oregon.gov/business/pages/register.aspx

5.2.4 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFA, Applicant must certify by its Signature on Attachment A “Application and Applicant’s Information and Certification Sheet,” in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3 CONTRACT NEGOTIATION

ODHS will not negotiate the terms and conditions of the Vendor Attorney Services Contract.

ODHS intends to offer a Contract to the Applicant that is substantially similar to the one attached to this RFA as Attachment B “Sample Vendor Attorney Services Contract.” Applicant is strongly encouraged to read and understand Attachment B prior to submitting an Application.

SECTION 6: ADDITIONAL INFORMATION

6.1 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, businesses, and service-disabled veteran-owned businesses by reducing barriers to compete for and be awarded state contracts. All interested businesses are encouraged to submit Applications for this contracting opportunity.

http://sos.oregon.gov/business/pages/register.aspx

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6.2 GOVERNING LAWS AND REGULATIONS

This RFA is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFA, 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 6.2 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Applications are public records and are subject to public inspection after ODHS issues the Contract to the successful Applicant. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Applications submitted in response to this RFA become the Property of ODHS. By submitting a Application in response to this RFA, Applicant 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 Application solely for the purpose of evaluating the Application, negotiating a Contract, if awarded to Applicant, or as otherwise needed to administer the RFA process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Applications, including supporting materials, will not be returned to Applicant, except in the case of Applications that were submitted late and rejected by ODHS.

6.4 CANCELLATION OF RFA; REJECTION OF APPLICATION; NO DAMAGES.

Pursuant to ORS 279B.100, ODHS may reject any or all Applications in-whole or in-part, or may cancel this RFA at any time when the rejection or cancellation is in the best interest of the State or ODHS, as determined by ODHS. Neither the State nor any State ODHS is liable to any Applicant for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFA or a Contract/Price Agreement award, or the rejection of any Application.

6.5 COST OF SUBMITTING AN APPLICATION

Applicant shall pay all costs incurred in connection with its Application, including, but not limited to, if appropriate: the costs to prepare and submit the Application, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.6 RECYCLABLE PRODUCTS

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

2.5.9.2.6 The Vendor Attorney acknowledges and accepts that the timely finalization of adoption is one of ODHS’ primary objectives. Repeated failure to meet the time frames identified, as determined exclusively by ODHS, will constitute a material bre...