RFA S-10000-00016003.pdf

OregonBuys Bid # S-10000-00016003

STATE OF OREGON

COVER PAGE

Oregon Department of Human Services, Aging and People with Disabilities, Central Adult Protective Services Unit is issuing this Request for Application under S-10000-00016003 for

ADULT PROTECTIVE SERVICES CONTRACT ATTORNEYS

Date of Issue: February 11, 2026

Opening Date: December 31, 2026, 3:00 PM (Pacific Time)

Single Point of Contact (SPC): Sharon M. Landis, OPBC

Address: 500 Summer Street NE, E-03 City, State, Zip Salem, Oregon 97301 Phone (office/cell) 971-208-4151 E-mail: sharon.m.landis@odhsoha.oregon.gov

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the 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.

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 PURPOSE

2.5 SCOPE OF WORK/SPECIFICATIONS

2.6 PAYMENT AND FINANCIAL REPORTING

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

3.2 AUTHORIZED REPRESENTATIVE SIGNATURE

3.3 PROCUREMENT PROCESS

3.4 APPLICATIONS CONTENT REQUIREMENTS

SECTION 4: AWARD

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

LIST OF ATTACHMENTS FOUND ON OREGONBUYS

ATTACHMENT A – APPLICATION PACKET:

PART 1 – APPLICATION

PART 2 – INFORMATION AND CERTIFICATION SHEET

PART 3 – REFERENCE FORM

ATTACHMENT B – SAMPLE CONTRACT

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Human Services (ODHS), Aging and People with Disabilities (APD), Central Adult Protective Services Unit (APS), (“Agency”), is issuing this Request for Application (RFA) for qualified Contract Attorneys to provide legal services per ORS 125 protective proceeding parameters for APS.

Additional details on the Scope of the services are included in section 2.5 “Scope of Work”. For rate information refer to section 2.6 “Payment and Financial Reporting”. For Minimum Requirements for a Contract Attorney refer to section 3.1 “Minimum Qualifications”. For information on what’s required to apply, refer to section 3.2 “Minimum Submission Requirements”.

Agency may award up to twelve Contracts from this solicitation. The initial term of the Contract is anticipated to be five years.

Agency will review all Applications in the order they are received, as stated in section 1.2 “Schedule”. Contracts will be awarded to Applicants who meet the Minimum Qualifications in section 3.1. Agency may cancel this RFA at any time as stated in section 5.5 “Cancellation of Solicitation; Rejection of Offers; No Damages”.

By submitting an application, Applicant is consenting to the Statement of Work and Payment Provisions as set forth in Attachment B, “Sample Contract”.

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 Time

Questions / Requests for Clarification Due Responses will be posted on OregonBuys approximately three business days after receipt.

December 18, 2026 3:00 PM

Opening Date (Application Due) Applications will be opened within three business days of being uploaded to OregonBuys.

Final Opening Date:

December 31, 2026

3:00 PM

Notice of Acceptance (approx.)

Within one week of Application being opened

By Close of Business Day

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. Offeror 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

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

2.1.2 Method. Agency 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 solicitation, capitalized words will refer to the following definitions.

2.2.1 General and Project Specific Definitions

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

2.2.1.1 “Applicant” means the public or private entity submitting an Application in response to this RFA.

2.2.1.2 “Application” means the completed Application Packet submitted in response to this RFA by an Applicant.

2.2.1.3 “Close of Business Day” means 5:00 pm.

2.2.1.4 “Contract” means the Professional Services Contract awarded as a result of this RFA for Contract Attorneys, a legal and binding agreement between the Agency and the Contract Attorney to provide legal services Work as requested by APS.

2.2.1.5 “Contractor” means the Applicant who has been awarded a Contract as result of this

RFA.

2.2.1.6 “Contract Attorney” means an attorney that has submitted an application to Agency through a RFA process, and in return ODHS has accepted the Application, the Applicant has met the requirements of the RFA, the parties have fully executed a Professional Services Contract, and Agency has placed the Contract Attorney on the Contract Attorney Services Registry.

2.2.1.7 “OSB” means the Oregon State Bar.

2.2.1.8 “Petitioner” means a person who initiates a legal case by filing a petition with the court.

The Petitioner is also known as the appellant.

2.2.1.9 “Registry” means a list of current Contract Attorneys that Central APS Office Unit provides to a Petitioner. Contract Attorneys on the Registry will be paid by Agency as outlined in Attachment B, Sample Contract, Exhibit A, Part 2, Payment and Financial Reporting.

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

2.2.1.10 “Request for Work” means the APS issued authorization for the Work to be performed by the Contract Attorney in accordance with Attachment B, Sample Contract. For a sample Request for Work, see Attachment A of the Sample Contract.

2.2.1.11 “Work” means Protective Proceeding Services to be performed by a Contract Attorney as outlined in Attachment B, Sample Contract.

2.2.2 OregonBuys Terminology

2.2.2.1 An Addendum to a RFA is a written change to the RFA.

2.2.2.2 An Amendment is a change or addition to the electronic Bid Solicitation. An Amendment includes Applicant List, Intent to Award Notice, Questions and Answers, and Written Addendums.

2.2.2.3 The Attachments described in subsection 3.4 “Applications Content Requirements” of this RFA are Attachments that must be downloaded from OregonBuys in addition to this RFA Document.

2.2.2.4 Bid or Bid Solicitation is the same as RFA. The Bid Solicitation number S-10000- 00016003 is Agency’s RFA for qualified Applicants to submit an Application for Protective Proceedings Contract Attorneys.

2.2.2.5 Bid Available Date is the date and time the Bid Solicitation will be visible in OregonBuys for Applicant’s to respond and remains visible until the Bid Opening Date and time.

2.2.2.6 Bid Opening Date is the date and time after which Applications will no longer be accepted in OregonBuys.

2.2.2.7 A Quote is an Applicant’s submission of an Application. The Applicant submits a Quote in OregonBuys using the Attachment documents provided by Agency in OregonBuys.

2.2.2.8 As used in OregonBuys, Seller or Seller Administrator may be the same entity as a Vendor, Supplier, Proposer, or the Applicant.

2.2.2.9 Vendor refers to the public or private entity that registers in OregonBuys to respond to Bid Solicitations or view awarded contracts and agreements.

2.2.3 OregonBuys Resources:

2.2.3.1 For Assistance with OregonBuys (Vendor Help Desk):

Email: support.oregonbuys@das.oregon.gov Phone: 1-855-800-5046

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

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

2.2.3.3 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 mailto:support.oregonbuys@das.oregon.gov 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

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

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

2.3 OVERVIEW

APS is a program within APD division of the Oregon Department of the ODHS that has the authority and responsibility to provide protective services to older adults, age 65 and older and persons with physical disabilities and acquired brain injury.

A small number of Oregonians in need of protective services from APS require intervention by a Court by means of the establishment of a protective order under ORS chapter 125, primarily for a guardianship or a conservatorship. APS may use its protective service authority to pay within budget restraints for a limited number of protective proceedings as a last resort for persons who lack any other means for the appointment of a guardian or a conservator.

Applicants awarded a Contract from this RFA will be placed on the Contract Attorney Services Registry. The Registry will be provided to qualifying petitioners. The petitioner may choose a Contract Attorney without any guidance or influence from Agency beyond being provided the Registry. The legal client-attorney relationship is solely between the Petitioner and the Contract Attorney.

2.4 PURPOSE

A Contract Attorney provides protective proceeding services to qualifying petitioners as determined by APS.

For the purpose of providing protective services and administration of services under ORS chapter 410, Agency may request protections from a court under ORS chapter 125 for an individual who is functionally incapacitated or financially incapable. Subject to contractual limitations and budgetary constraints, APD may pay towards the costs of the petition and the protective proceeding.

This RFA and any resultant Attorney Services Contracts set forth the terms and conditions under which the Contract Attorney provides protective proceeding services to establish a relationship with a petitioner; the manner the referrals for work are made; the work the Contract Attorney must perform to assist the petitioner; and the terms and conditions by which Agency will pay for work.

2.5 SCOPE OF WORK

For purposes of this section 2.5 “Scope of Work”, Contractor means an Applicant that has been awarded a Contract.

2.5.1 Contract Attorney Work

2.5.1.1 The Contractor agrees to perform all Work necessary and required under statute and Oregon trial codes to prepare, file, and present a petition in a protective proceeding under ORS chapter 125 until there is an appointment of a fiduciary or protective order, dismissal of the petition, through no fault of the Contractor, or a Stop-Work Order by Agency. To be cost effective, the Contractor agrees to utilize paralegals and office 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 assistants whenever practical to perform the Work for the proceeding that does not require the services of a practicing Contract Attorney.

2.5.1.2 The State of Oregon, Agency, 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 Contract Attorney. The Petitioner may choose a Contract Attorney without any guidance or influence from Agency beyond being provided the Registry, which is compiled based on information received from the Contract Attorney.

2.5.1.3 Contract Attorney shall be an active member in good standing and remain an active member in good standing for the duration of this Contract with the OSB. Contract Attorney shall notify the Agency Contract Administrator or delegate no later than seven

(7) calendar days after the status change if the Contract Attorney’s status with the OSB changes. Agency maintains the right to inquire with the OSB for verification of status with OSB.

2.5.1.4 Contract Attorney Selection Process

2.5.1.4.1 Agency will send Petitioner a copy of the Registry containing Contract Attorney information. The Registry will be sent out through the Central APS Office Unit. The Petitioner may select a Contract Attorney and contact the Contract Attorney they have selected.

2.5.1.4.2 Agency will reimburse the Contract Attorney for Work provided in accordance with the terms and conditions of the awarded contract, however, Agency is, and will remain, independent of the client-attorney relationship established between the Petitioner and the Contract Attorney. The legal client-attorney relationship is solely between the Petitioner and the Contract Attorney.

2.5.1.5 For the purpose of the Agency, “Protective Proceeding” is defined as the drafting and filing of the petition under ORS chapter 125 and continuing throughout the respective court process culminating in either an appointment of a fiduciary or protective order, or dismissal of the petition through no fault of the Contractor. A “protective proceeding” includes:

2.5.1.5.1 An individual guardianship, conservatorship, or other protective order under ORS chapter 125;

2.5.1.5.2 Both a guardianship and conservatorship when the guardianship and conservatorship are petitioned at the same time for the same proposed protected person;

2.5.1.5.3 Both a temporary (emergency) guardianship and the subsequent permanent guardianship for the same proposed protected person or both a temporary (emergency) conservatorship and the subsequent permanent conservatorship for the same proposed protected person, and includes;

2.5.1.5.4 Any contested hearing process for an above proceeding.

2.5.1.6 The Work will be complete upon the finalization of the proceeding which is the appointment of a fiduciary or protective order, or dismissal of the petition.

2.5.1.7 The Contractor acknowledges and accepts that the timely finalization of a protective order under ORS chapter 125 is one of Agency’s primary objectives. Failure to reasonably meet the standards and timelines of a protective proceeding to establish a protective order, as determined exclusively by Agency, will constitute a material breach of the resulting awarded Contract.

2.5.1.8 In the event that the resulting awarded Contract with Agency is terminated for any reason, by any party, the Contractor shall immediately, but not later than five calendar days, transfer all knowledge and work product produced by the Contractor and Contractor’s staff under the resulting awarded Contract and any related Request for Work to Agency. Once the notice to terminate is issued and received by the Contractor, no new Work will be performed on the proceeding unless judicially ordered or under separate agreement with other parties to the proceeding.

2.5.2 Contract Attorney Does Not Represent the State of Oregon

BY PERFORMING WORK UNDER THE RESULTING AWARDED CONTRACT THE CONTRACT

ATTORNEY ACKNOWLEDGES THAT, WHERE A GUARDIANSHIP, OR CONSERVATORSHIP IS

SOUGHT OR OBTAINED, THAT THE CONTRACT ATTORNEY DOES NOT REPRESENT THE

STATE OF OREGON, AGENCY, ITS EMPLOYEES OR AGENTS. THE CONTRACT ATTORNEY

AGREES THAT THE CONTRACT ATTORNEY SHALL NOT REPRESENT TO THE COURT OR

ANY OTHER INDIVIDUALS OR ENTITIES THAT THE CONTRACT ATTORNEY REPRESENTS,

OR IS AN ATTORNEY OR AGENT FOR, THE STATE OF OREGON, ODHS, APD, APS, NOR ANY

OTHER OF THE STATE’S DEPARTMENTS, DIVISIONS, AGENCIES OR AGENTS.

2.5.3 General Provisions

The following provisions apply to all Work performed under an awarded Contract.

2.5.3.1 Agency does not guarantee a Request for Work will result from the awarded Contract.

2.5.3.2 Agency will issue a Request for Work (See Attachment B – “Sample Contract”, Attachment A – “Sample Request for Work”) authorizing the Contractor to commence specific legal professional services in accordance with an awarded Contract.

2.5.3.3 Contractor’s commencement of performance of Work under the Request for Work will constitute the Contractor’s acceptance of the Request for Work and agreement to the terms and conditions.

2.6 PAYMENT AND FINANCIAL REPORTING

For purposes of this section 2.6 “Payment and Financial Reporting”, Contractor means an Applicant that has been awarded a Contract.

2.6.1 Rate Schedule

2.6.1.1 The Contractor shall be paid at the following hourly rates for all Work provided for Agency Adult Protective Services under an awarded Contract:

• Contract Attorney $175.00

• Paralegal $ 80.00

• Office Assistant $ 20.00

2.6.1.2 Administrative costs and expenses such as but not limited to, overhead, photocopies, postage, or phone calls, must be included in the hourly rates and those costs are not eligible for separate reimbursement.

2.6.1.3 The not-to-exceed amount for any individual proceeding or case will be authorized with a Request for Work issued by Agency. Agency will not pay any amount in excess of the amount set forth in a Request for Work unless that amount is increased by written amendment to the Request for Work. No payment will be made for any Work performed before the effective date or after the expiration date of a Request for Work.

2.6.1.4 If additional financial resources become available to pay the Contractor’s reasonable attorney fees and costs of the proceeding or case, the Contractor shall seek reimbursement from the additional financial resources and refund to Agency the corresponding amount received from the additional resources for the Contractor’s Work and court fees, which had previously been paid by Agency for the proceeding. This section shall survive expiration or termination of the awarded Contract.

2.6.2 Agency Adult Protective Service Program

2.6.2.1 The APS program only provides a Contract Attorney Registry to Petitioners who lack any other means for the appointment of a protective order or if they have means, the means are unavailable. Should the Contractor discover, determine, or be informed by Agency that there are sufficient financial resources available from the proposed protected person’s estate to pay the Contractor, the Contractor shall, with the court’s approval, pursue their payment from the protected person’s estate. However, pursuing reimbursement for reasonable costs and fees incurred by the Contractor for the proceeding must not jeopardize the protected person’s needs for necessary and reasonable maintenance. The Contractor shall inform Agency if financial resources are available. In some instances, if the Contract Attorney cannot wait until those resources become available, both Agency and the Contract Attorney agree that Agency will pay according to the provisions outlined below.

2.6.2.2 In the event the proposed protected person’s estate’s financial resources are insufficient, Agency will pay the balance of the amount for reasonable costs and court fees in accordance with section 2.6.3 “Contract Attorney Fees” and section 2.6.4 “Court Fees”.

2.6.3 Contract Attorney Fees

2.6.3.1 Agency will pay an amount up to $2,250.00 per proceeding for guardian and conservator proceedings. Agency will issue a Request for Work for individual proceedings and the Contractor will invoice in accordance with the “Rate Schedule” in Section 2.6.1.1 above.

2.6.3.2 Agency will pay an amount up to $2,750.00 for cases that involve both temporary and permanent protective proceedings, contested cases, or unusually complex cases. Agency will issue a Request for Work for individual cases and the Contractor shall invoice in accordance with the “Rate Schedule” in Section 2.6.1.1 above.

2.6.4 Court Fees

In addition to the Contract Attorney fees, the Contractor may seek reimbursement from Agency for reasonable court fees including court visitor fees, court filing fees and other protective proceeding filing fees established by the court, plus the costs necessary to complete the legal requirements of the petition and hearing such as identifying and notifying interested parties and serving the petition. Reimbursement will be based upon the rates set by individual counties and will not exceed a maximum of $1,750.00 per case. If available in the venue county, the Contract Attorney shall pursue a hardship waiver of court fees and court visitor service fees.

2.6.5 Invoices

2.6.5.1 Invoices shall be submitted to Agency as specified in the Request for Work.

2.6.5.2 Invoices must include, at a minimum, the following information:

2.6.5.2.1 Reference the Contract number (located at the top of the front page of the Contract document)

2.6.5.2.2 A copy of the Request for Work

2.6.5.2.3 Detailed description of Work performed, including dates of the Work, case number or proceeding

2.6.5.2.4 Itemized number of hours being billed at the rates specified in the section 2.6.1.1 “Rate Schedule”

2.6.5.2.5 Itemized list of court expenses for reimbursement, in accordance with section

2.6.4 “Court Fees”

2.6.5.2.6 Total amount of invoice

2.6.5.2.7 Written confirmation that the Work was completed. Confirmation of completion may be written into the invoice with the outcome of the proceeding and court case number or by submitting copies of the protective orders or payment orders signed by the judge. Should the case be dismissed, another fiduciary appointed, or there is a different outcome than originally expected, the Contractor must include a brief explanation or submit copies of court papers that explain the different outcome.

2.6.5.3 Contractor’s claims to Agency for overdue payments on invoices are subject to ORS 293.462.

2.6.6 Travel and Other Expenses

Agency will not reimburse Contractor for any travel or additional expenses under the awarded Contract.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

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

3.1.1 Be a member of the Oregon State Bar in good standing with no disciplinary history in the past five years.

3.1.2 Must live and practice Law within the State of Oregon.

3.1.3 Must have experience in protective proceedings (guardianships/conservatorships).

3.2 AUTHORIZED REPRESENTATIVE SIGNATURE

Attachment A – “Application Packet: Part 2 “Information and Certification Sheet”, Failure of Applicant’s authorized representative to sign the Information and Certification Sheet, may result in rejection of the Application by Agency.

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The RFA, including all Amendments and attachments, are published in the OregonBuys e-procurement system. Solicitation documents will not be mailed to prospective Applicants.

Agency shall advertise all Amendments on OregonBuys e-procurement system. The prospective Applicant is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

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

• Be emailed to the SPC (sharon.m.landis@odhsoha.oregon.gov)

• Reference the OregonBuys bid number (S-10000-00016003)

• Identify Applicant’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 or Requests for Clarification identified in section 1.2 “Schedule”

3.3.2.1 Submission Options

OregonBuys Electronic Response. Applicant should submit their Application electronically through OregonBuys. Applicant should follow the procedures outlined in detailed instructions on how to submit a RFA can be found at:

https://oregonbuys.gov/bso https://oregonbuys.gov/bso https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal% 20Solicitation%20Response.pdf

Applicant shall submit one copy of its Application Packet in one of the following formats:

Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

3.3.3 Modification or Withdrawal of Quotes or Offers

Any Applicant who wishes to make modifications to an Application already received by Agency shall withdraw their quote, in writing to the SPC, and resubmit an Application Packet in OregonBuys prior to the Final Opening.

If an Offeror wishes to withdraw a submitted Offer, it shall do so in writing, to the SPC as follows: The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

Directions on How to Withdraw, Reopen and Resubmit a Quote can be found at:

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

3.3.4 Application Opening Date

The Application packet must be received by the SPC on or before the Final Opening date listed in section 1.2 “Schedule”, of this RFA. All Application modifications or withdrawals must be completed prior to Opening.

3.3.5 Application Rejection

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

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

• Applicant has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Applicant 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 solicitation or Amendment.

3.3.6 Opening of Applications

There will be no public Opening of Applications. Applications received will not be available for inspection until after the qualification process has been completed and the Contract is executed.

3.4 APPLICATIONS CONTENT REQUIREMENTS

To apply to be a Contract Attorney, Applicant must submit a completed Application Packet as a Quote to RFA S-10000-00013243 on OregonBuys as follows:

3.4.1 Application Packet

3.4.1.1 Part 1 – Application must be completed. Applicants that are applying as part of an 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 https://www.oregon.gov/das/ORBuys/Documents/WithdrawReopenResubmitQuote.pdf organization or legal firm with multiple attorneys, as part of the Application Packet, must submit an Application for each attorney that will be providing Contract Attorney Work. A single Contract Attorney Contract will be issued to the firm and name those authorized to provide Contract Attorney Services.

o Complete the identifying information at the top portion of the form.

o Please check the county or counties that the Applicant would like to reflect on the

Registry. The Registry is provided to Petitioners to assist them in selecting a Contract Attorney.

o Respond to the questions that provide certification the Minimum Qualification for a Contract Attorney is met.

3.4.1.2 Part 2 – Information and Certification Sheet must be signed and dated by an authorized representative.

3.4.2 Public Record

All Applications are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award.

SECTION 4: AWARD

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

As Applications are received, Agency will review each Application in the order they are received. Agency may award up to 12 Contracts to provide protective proceeding Services for APS. If more than 12 Applications are received, the first 12 that meet the minimum qualifications will be awarded a Contract.

Agency will contact Applicants within 15 business days of the Application being opened to discuss, clarify, and resolve any issues identified by either Party in the Application or in Attachment B “Sample Contract”.

Once discussions are completed, if an agreement is reached regarding any identified issues, Agency will present the Contract 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 “Contract Attorney”.

4.2 SUCCESSFUL APPLICANT SUBMISSION REQUIREMENTS

4.2.1 Insurance

Applicant shall certify in its completion of the Application packet that they currently meet and will maintain as current all insurance requirements set forth in Attachment B “Sample Contract”, Exhibit C “Insurance Requirements” for the duration of the Vendor Attorney Services Contract. For purposes of the awarded Contract, Applicant may request the requirements for professional liability insurance be the same as the Oregon State Bar, and for automobile insurance, the Oregon minimum.

4.2.2 Taxpayer Identification Number

The apparent successful Applicant shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form, or a Contractor Tax Information Identification 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 Applicant has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has the completed requested documentation.

4.2.3 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. The selected Applicant 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.

4.2.4 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFA, Applicant must certify by its Signature on the Application packet Part 2 “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.

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

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

5.2 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm 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: Business Oregon : Home : State of Oregon or email:

COBID Biz*Biz

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

5.3 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 intermediate procurement, 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 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Applications submitted in response to this RFA become the property of Agency. By submitting an 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).

5.5 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency 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 Agency, as determined by Agency. Neither the State nor Agency is liable to any Applicant for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFA, award, or rejection of any Application.

5.6 COST OF SUBMITTING AN OFFER

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

https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov