OregonBuys Bid # S-10000-00016331

STATE OF OREGON

COVER PAGE

OREGON DEPARTMENT OF HUMAN SERVICES, SHARED SERVICES, OFFICE

OF PAYMENT ACCURACY AND RECOVERY – ESTATE ADMINISTRATION UNIT

IS ISSUING THIS REQUEST FOR APPLICATION UNDER S-10000-00016331 FOR

ESTATE ADMINISTRATION UNIT CONTRACT ATTORNEYS

DATE OF ISSUE: JULY 20, 2026

FINAL OPENING DATE: JULY 23, 2027, 3:00 PM (PACIFIC TIME)

SINGLE POINT OF CONTACT (SPC): BURKE C. BARNETT

ADDRESS: 500 SUMMER STREET NE, E-03

CITY, STATE, ZIP SALEM, OREGON 97301

PHONE (OFFICE/CELL) 503-910-7821

E-MAIL: BURKE.C.BARNETT@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 AND PURPOSE

2.4 SCOPE OF WORK

2.5 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 PRICE AGREEMENT

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Human Services (ODHS or Agency), Shared Services, Office of Payment Accuracy and Recovery – Estate Administration Unit (EAU), is issuing this Request for Application (RFA) for qualified Contract Attorneys to be conservators and personal representatives. Contractors would draft and file petitions under ORS chapter 125, draft and file a petitions under ORS chapter 113, or draft and file simple estate affidavits under ORS 114 and continuing throughout the respective court process culminating in termination of the conservatorship, the closure of the estate, an appointment of another fiduciary, dismissal of the action through no fault of the Contract Attorney, or when a court orders the action closed.

Additional details on the Scope of the services are included in section 2.4 “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 Price Agreements from this RFA. The initial term of the Price Agreement is anticipated to be five years, with a possible extension of up to one

(1) additional year.

Agency will review all Applications in the order they are received, as stated in section

1.2 “Schedule”. A Price Agreement will be awarded to Applicants who meet the Minimum Qualifications as stated 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 Price Agreement”.

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.

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, whether about the technical requirements of the RFA, contractual requirements, the RFA 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 RFA pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2).

2.1.2 Method. Agency is using its authority under OAR 125-247-0288(2) and Department of Administrative Services (“DAS”) Special Procurement REQ-DA SOBO-00019979 “Class Special Procurement: Request for Application” for these Client Services.

2.2 DEFINITION OF TERMS

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

Event Date Time

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

Ten business days before the Final Opening Date

3:00 PM

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

See Cover Page 3:00 PM

Notice of Acceptance (approx.)

Within one week of Application being reviewed

By Close of Business

Day

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 Contractor means the Applicant who has been awarded a Price Agreement as result of this RFA.

2.2.1.5 Contract Attorney means an attorney that has submitted an application to Agency through this RFA process, and in return Agency has accepted the Application, the Applicant has met the requirements of the RFA, and the parties have fully executed a Price Agreement.

2.2.1.6 Cost Effective means to determine whether there will be sufficient assets in the estate to cover all costs of initiating and administering the estate.

2.2.1.7 Estate means all interests that a living or deceased person has in personal or real property which are subject to the authority and control of a conservator, personal representative, or the affiant of a simple estate.

2.2.1.8 Estate Administration Unit (EAU) means the unit within Agency assigned to implement the estate recovery program pursuant to 42 USC 1396p, ORS 411.708, 411.795 and 416.350, and OAR 461-135-0832 to 461-135-0847.

2.2.1.9 OSB means the Oregon State Bar.

2.2.1.10 Price Agreement means the Price Agreement awarded as a result of this RFA for Contract Attorneys, setting forth the terms that will establish, together with the Request for Work, a legal and binding agreement between Agency and the Contract Attorney to provide legal services (Work) when a Request for Work has been issued by the Estate Administration Unit and is accepted by the Contract Attorney.

2.2.1.11 Proceeding means drafting and filing of the petition under ORS chapter 125, drafting and filing a petition under ORS chapter 113, or drafting and filing a simple estate affidavit under ORS chapter 114, and continuing throughout the respective court process culminating in either an appointment of a fiduciary, dismissal of the action through no fault of the Contractor, or when a court 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 orders the action closed.

2.2.1.12 Request for Work means the document Agency will issue to authorize services to be performed by the Contract Attorney pursuant to the Request for Work in accordance with the executed Price Agreement. See Attachment B “Sample Price Agreement,” for a sample Request for Work.

2.2.1.13 Work means Services to be performed by a Contract Attorney as outlined in this RFA and Attachment B, “Sample Price Agreement.”

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- 00016331 is Agency’s RFA for qualified Applicants to submit an Application for Adult Protective Services 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/SupplierRegistrationQuickSt eps.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 %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%20 Formal%20Solicitation%20Response.pdf

2.3 OVERVIEW AND PURPOSE

The Oregon Department of Human Services is Oregon’s principal agency for helping Oregonians achieve well-being and independence. We provide direct services to more than one million Oregonians each year. These services are a key safety net for people in diverse communities across Oregon. Through our Building Well-being Together initiative, we’re working to ensure that people, families and communities across Oregon have the services and supports they need.

Our vision, mission and goals Vision: Safety, health and independence for all Oregonians.

Mission: To help Oregonians in their own communities achieve well-being and independence through opportunities that protect, empower, respect choice and preserve dignity.

Goals:

• People are safe and living as independently as possible.

• People are able to support themselves and their families through stable living wage employment.

• Children and youth are safe, well and connected to their families, communities and cultural identities.

• Choices made by seniors and people with disabilities about their own lives are honored.

mailto:support.oregonbuys@das.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/SupplierRegistrationQuickSteps.pdf 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

• Partners, clients and community members are actively engaged in a variety of collaborative and cultural identities.

• Culturally specific and responsive services are provided by highly qualified and diverse staff.

• The department is committed to equal access, service excellence and equity for all Oregonians.

The mission of the Office of Payment Accuracy and Recovery (OPAR) is to support the Oregon Department of Human Services, Oregon Health Authority by assisting their programs in ensuring client and provider payment accuracy and by completing timely recovery of monies owed.

OPAR’s vision is being a critical service provider in ensuring payment accuracy and in delivering recovery services (identify, establish, recover) in an efficient, effective, and customer-focused manner.

The purpose of this RFA is to find Attorneys qualified to assist Agency clients in establishing conservatorships and initiating probate proceedings where the state has a potential claim for recovery of public assistance for costs of care.

2.4 SCOPE OF WORK

For purposes of this section 2.4 “Scope of Work”, Contractor means an Applicant that has been awarded a Price Agreement.

2.4.1 Conservatorship Proceedings

2.4.1.1 The Contractor shall 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. Contractor shall perform all necessary actions as conservator to secure the client’s estate until the death of the client and termination of the conservatorship, there is an appointment of another fiduciary or protective order, the purpose of the limited conservatorship has concluded, dismissal of the petition through no fault of the Contractor, or a Stop-Work Order issued by Agency.

2.4.1.2 The Contractor acknowledges and accepts that the timely appointment of a conservator 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 Price Agreement.

2.4.2 Probate Proceedings

2.4.2.1 Appointment of Personal Representative: Upon referral of a case by Agency to open a decedent’s estate in accordance with ORS chapter 113, the Contractor shall evaluate the facts of the case and consult with Agency to recommend whether it is cost effective to proceed with the case. If Agency and the Contractor agree the estate will be cost effective, then the Contractor will complete all work necessary to prepare and present a petition to the court for appointment of the Contractor as personal representative. When authorized to serve as a Personal Representative by issuance of a Request for Work, the Contractor is considered an approved attorney for purposes of ORS 113.086, and in accordance with that statute, shall not be considered as representing the State. After appointment as the personal representative, the Contractor will be a fiduciary of the decedent’s estate and will perform all work necessary to perform and meet the Contractor’s fiduciary duty to the decedent’s estate, in accordance with ORS 113.086, ORS 114.265, ORS 114.395, ORS 115.003, and ORS 116.063.

2.4.2.2 Simple Estate Affidavit: Upon referral of a case by Agency to file a simple estate affidavit in accordance with ORS chapter 114, the Contractor shall evaluate the facts of the case and consult with Agency to recommend whether it is cost effective to proceed with the case. If Agency and the Contractor agree the simple estate will be cost effective, the Contractor shall complete all work necessary to prepare and file a simple estate affidavit with the court to initiate a claim process for ODHS to file a claim to recover the cost of public assistance for care. When authorized to file the estate affidavit by issuance of a Request for Work, the Contractor is considered an approved attorney for purposes of ORS 114.517, and in accordance with that statute, shall not be considered as representing the state. After filing the simple estate affidavit, the Contractor will be, and will act as, a fiduciary of the decedent’s estate and will perform all work necessary to perform and meet the Contractor’s fiduciary duty to the decedent’s estate in accordance with ORS 114.517, 114.545 and 114.549.

2.4.2.3 Conservatorship: Upon referral of a case by Agency to petition for the appointment of a conservator in accordance with ORS chapter 125, the Contractor shall evaluate the facts of the case and consult with Agency to recommend whether it is cost effective to proceed with the case. If Agency and the Contractor agree the conservatorship will be cost effective, the Contractor shall complete all work necessary to prepare and file a petition with the court for appointment of the Contractor as conservator. After appointment as conservator, the Contractor will be, and will act as, a fiduciary of the Client’s estate and will perform all work necessary to perform and meet the

Contractor’s fiduciary duty to the estate.

2.4.2.4 Agency will remain independent of the attorney-client relationship established between the estate and the Contractor. The legal attorney-client relationship is solely between the estate and the Contractor.

2.4.3 Performance Standards

2.4.3.1 Pursuant to ORS 279B.055(2), Agency requires that the Contractor meet the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

2.4.4 General Provisions

The following provisions apply to all Work performed under any awarded Price Agreement:

2.4.4.1 Agency does not guarantee any amount of Work will result from any Price Agreement award.

2.4.4.2 Agency will issue a Request for Work authorizing the Contractor to commence specific legal professional services in accordance with any awarded Price Agreement.

2.4.4.3 To be cost effective, the Contractor agrees to utilize paralegals and office assistants whenever practical to perform the Work for the proceeding that does not require the services of a practicing attorney

2.4.4.4 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 of the Request for Work and Price Agreement for the Work.

2.4.4.5 Neither 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.

2.4.4.6 Contractor must be an active member in good standing and remain an active member in good standing with the Oregon State Bar (OSB) for the duration of any awarded Price Agreement. Contractor will notify the Agency Contract Administrator or delegate no later than seven (7) calendar days after the status change if the Contractor’s status with the OSB changes. Agency maintains the right to inquire with the OSB for verification of status with OSB.

2.4.4.7 The Contractor will have sole responsibility for contacting the Agency Contract

Administrator to update the Contractor’s information, including but not limited to contact information, the counties where the Contractor is willing to perform Services or languages the Contractor serves for Agency records. In no way will the information restrict the Contractor from providing legal Services in any part of the state but is merely collected to assist Agency in nominating a Contractor for a particular Work request.

2.4.4.8 In the event that the Price Agreement with Agency is terminated for any reason, by any party, the Contractor will immediately, but not later than five (5) calendar days after notice transfer all knowledge and work product produced by the Contractor and Contractor’s staff under this Price Agreement or any 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.

2.4.5 Contract Attorney Does Not Represent the State of Oregon

By performing work under the resulting awarded Price Agreement, the contractor acknowledges that, where a conservatorship is sought or obtained or when a probate proceeding is initiated by contractor, that the Contract Attorney does not represent the State of Oregon, any of its agencies, 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, EAU, nor any other of the state’s departments, divisions, agencies or its employees or agents.

2.4.6 General Provisions

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

2.4.6.1 Agency does not guarantee a Request for Work will result from the awarded Price Agreement.

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

2.4.6.3 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 its terms and conditions.

2.5 PAYMENT AND FINANCIAL REPORTING

For purposes of this section 2.5 “Payment and Financial Reporting”, Contractor means an Applicant that has been awarded a Price Agreement.

2.5.1 Reimbursement

2.5.1.1 For any case referred to the Contractor by Agency, if the proposed estate’s financial resources are insufficient, Agency will pay the balance of the amount available from the estate for reasonable fees up to a maximum amount of $2,500.00. Agency will issue a Request for Work for individual proceedings and the Contractor will invoice in accordance with the Rate Schedule.

2.5.1.2 In exceptional circumstances, with prior written amendment to a Request for Work by the Agency Contract Administrator, Agency may pay up to a maximum amount of $5,000.00 for reasonable Contract Attorney fees.

2.5.1.3 The Contractor may bill the estate their normal hourly rate, subject to court approval, if the amount will be recovered from the estate. However, if the estate’s resources are insufficient, Contractor will be paid at the following hourly rates, up to the maximum amount stated above, for all Work provided under an awarded Price Agreement:

• Contract Attorney $175.00

• Paralegal $ 80.00

• Office Assistant $ 20.00

2.5.1.4 Rates should be charged in increments to the nearest tenth (1/10) of an hour, or every six (6) minutes would constitute one billable increment.

2.5.1.5 Administrative costs and expenses, such as but not limited to, overhead, photocopies, postage, or phone calls, shall be included in the hourly rates and those costs are not eligible for separate reimbursement. However, court filing fees and costs are reimbursable expenses as set forth in section 2.5.3.

2.5.1.6 If utilizing the rate schedule listed above, 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.

2.5.1.7 If a Contractor receives payment from Agency, but subsequently additional financial resources of the conservatorship or probate estate 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 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 Price Agreement.

2.5.2 Court Fees

For any case referred to the Contractor by Agency, if the proposed estate’s financial resources are insufficient, Agency will pay the balance of the amount available from the estate for reasonable court costs up to a maximum amount of $1,500.00. This may include court filing fees and other fees established by the court, plus the costs necessary to complete the legal requirements of a petition, simple estate affidavit, or hearing such as service of process or identifying and notifying interested parties.

Reimbursement shall be based upon the rates set by individual counties. If available in the venue county, the Contractor shall pursue a hardship waiver of court fees and court visitor service fees, but cannot base a waiver request on representing the State as the Contractor does not, and cannot, represent the State.

2.5.3 Invoices

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

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

2.5.3.2.1 Reference the Price Agreement number (located at the top of the front page of the Price Agreement document);

2.5.3.2.2 A copy of the Request for Work;

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

2.5.3.2.4 Itemized number of hours being billed at the rates specified in the section

2.5.1.1 “Rate Schedule”;

2.5.3.2.5 Itemized list of court expenses for reimbursement, in accordance with section 2.5.3 “Court Fees”;

2.5.3.2.6 Total amount of invoice; and

2.5.3.2.7 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.

2.5.3.3 Contractor’s claims to Agency for overdue payments on invoices are subject to

ORS 293.462.

2.5.4 Travel and Other Expenses

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

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM QUALIFICATIONS

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 and probate proceedings.

3.1.4 Preference will be given to attorneys who agree to take cases in all 36 counties in Oregon.

3.2 AUTHORIZED REPRESENTATIVE SIGNATURE

On 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 the OregonBuys e-procurement system.

The prospective Applicant is solely responsible for checking OregonBuys to https://oregonbuys.gov/bso 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 RFA, must:

• Be emailed to the SPC (burke.c.barnett@odhsoha.oregon.gov);

• Reference the OregonBuys bid number (S-10000-00016331);

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

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

Applicant shall submit one copy of its Application Packet in one of the following formats: Adobe Acrobat (pdf), or Microsoft Word (docx).

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 Applicant wishes to withdraw a submitted Application, it shall do so by 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.

3.3.4 Application Opening Date

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

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

3.3.5 Application Rejection

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

3.3.5.1 Applicant fails to substantially comply with all prescribed Solicitation procedures and requirements, including but not limited to the requirement that Applicants authorized representative sign Attachment A, part 2.

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

3.3.5.3 Application 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 Price Agreement 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-10000-00016331 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 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 Price Agreement will be issued to the firm and name those authorized to provide Contract Attorney Services.

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

3.4.1.1.2 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.

3.4.1.1.3 Respond to the questions that provide certification the Minimum Qualifications for a Contract Attorney are 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 twelve (12) Price Agreements.

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

Once discussions are completed, if an agreement is reached regarding any identified issues, Agency will present to the Applicant the Contract Attorney Price Agreement 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 Price Agreement”, Exhibit C “Insurance Requirements”. For purposes of the awarded Price Agreement, Applicant may request the requirements for professional liability insurance be the same as the Oregon State Bar, and for automobile insurance, the Oregon minimum required by law.

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:

http://www.irs.gov/pub/irs-pdf/fw9.pdf

• 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 Price Agreement.

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 Price Agreement under this RFA, Applicant must certify by its Signature on Attachment A “Application Packet”, Part 2 “Information and Certification Sheet,” that, in accordance with ORS 279A.112, 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 and qualified businesses are encouraged to submit proposals for this contracting opportunity.

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

5.2 CERTIFIED FIRM PARTICIPATION

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

For more information, visit: Business Oregon : Home : State of Oregon or email:

COBID Biz*Biz

If the Price Agreement has potential subcontracting opportunities, the successful Applicant may be required to submit a completed Certified Disadvantaged Business Outreach Plan 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 Bid Solicitation, 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, 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 Price Agreement, 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 https://www.oregon.gov/biz/Pages/default.aspx mailto:Biz.COBID@biz.oregon.gov 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.