RFP_11985_Primary_Document_Solicitation.pdf

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STATE OF OREGON

COVER PAGE

The Department of Administrative Services, State Procurement Services (SPS) is issuing this Request for Proposal (RFP) on behalf of the Oregon

Employment Department (OED) under OregonBuys Bid Number S-DASOBO-00011985 for

SUPPLY OF UPFITTING GOODS AND RELATED SERVICES

Date of Issue: March 04, 2025

Pre-Proposal Conference: March 13, 2025 @ 10:30 AM

Proposal Closing Date and Time: April 07, 2025 @ 11:30 AM PST

Single Point of Contact (SPC): John Starrs, State Procurement Analyst

Address: 1225 Ferry Street SE City, State, Zip: Salem, OR 97301 Phone: (971-349-2539) Email: john.starrs@das.oregon.gov

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

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCOPE OF WORK / SPECIFICATIONS

1.3 SCHEDULE of Events

1.4 SINGLE POINT OF CONTACT (SPC)

1.5 OREGONBUYS

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (Pass/Fail)

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 SOFTWARE SECURITY AND HOSTING

6.6 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.7 COST OF SUBMITTING A PROPOSAL

6.8 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.9 RECYCLABLE PRODUCTS

6.10 CHECKLIST DISCLAIMER

List of Attachments Attachment A – Sample Contract

Attachment B – Disclosure Exemption Affidavit Attachment C – Proposer Information / Certification Attachment D – Proposal Bid Form Attachment E – COBID Certification / Outreach Plan Attachment F – Responsibility Inquiry

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Attachment G – Dimensional Drawings Attachment H – Evaluation Scoring

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through SPS is issuing this Request for Proposal under the provisions of ORS 279B.060 and OAR 125-246-0100 on behalf of the Oregon Employment Department [“OED”] for the purpose of procuring Upfitting Goods and Related Services to modify three (3), Ford Transit cargo vans. Dimensional drawings of the interior layout of the vans are found in Attachment G of this solicitation. SPS will award one contract based on the results of this RFP.

1.2 SCOPE OF WORK / SPECIFICATIONS

The Oregon Employment Department’s (OED) Trade Act division requires three cargo vans to be retrofitted with specific equipment outlined in the Proposal Bid Form. The vans will offer leveraged and braided services to the public. As part of the Mobile American Job Centers (MAJC) initiative, these vans act as “Job Centers” focusing on increasing visibility and access to the Oregon Employment Department and WorkSource Oregon (WSO) services incorporating critical coordination to reach individuals who may have difficulty accessing the workforce services they need.

OED’s Trade Act Division will work with the successful vendor to have the cargo area stripped of its current floorplan and refitted into a mobile computer lab. The internal design of the vans will need to include a minimum of four laptop workstations, a mounted screen at the front, cellphone charging area, area for a printer, and a sitting area with tables and chairs which will include an accessible ADA workstation with movable table and auxiliary equipment. The vans will also need to be equipped with adequate storage for office materials, a generator, and movable technology storage for up to twenty (20) computers. On the exterior, the vans will need to include an awning, outside lighting, PA system, and drop-down workstations for ADA accessibility.

Specifications and Minimum requirements are provided in Attachment D – Proposal Bid Form.

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1.3 SCHEDULE OF EVENTS

The table below represents a tentative schedule of events. All dates listed are subject to change.

All times listed are Pacific Time (PST).

EVENT DATE TIME (PST)

Publication of solicitation March 04, 2025 11:30 AM Pre-Proposal conference March 13, 2025 10:30 AM Deadline for Proposer to Submit Questions March 21, 2025 12:00 PM Deadline for SPS to Submit Answers March 25, 2025 12:00 PM Deadline for Protest to Solicitation March 31, 2025 12:00 PM Deadline for Proposer to Submit Proposal Package April 07, 2025 11:30 AM Publication of Notice of Intent to Award (NOI) TBA TBA Deadline for protest of NOI by an Affected Proposer TBA TBA

1.4 SINGLE POINT OF CONTACT (SPC)

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

Proposer shall direct all communications related to this RFP only to the SPC.

1.5 OREGONBUYS

OregonBuys is the State of Oregon’s procure-to-pay eProcurement solution. All vendors must be registered in OregonBuys to do business with the state. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website:

https://oregonbuys.gov/bso. For registration assistance see vendor registration guidance.

Vendors are responsible for ensuring that their vendor information is current and correct in OregonBuys. Agency will accept no responsibility for incorrect vendor information.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and ORS 731.216.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.2 DEFINITION OF TERMS

2.2.1 General Definitions

https://oregonbuys.gov/bso

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Together with the definitions found in Section 2 of the Sample Contract (Attachment A), the following definitions apply to this RFP and resulting Contract. Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

“ADA” means the Americans with Disabilities Act

“ASE” means Automotive Service Excellence

“Addendum” or “Addenda” (referred to as “Amendment” in OregonBuys) means an addition or deletion to, a material change in, or clarification of, the RFP. Each Addendum shall be labeled as such and shall be made available to all interested Proposers in accordance with OAR 125-247- 0305(8). The plural form of “Addendum” is “Addenda.”

“Affected Proposer” means a Proposer would be eligible for Contract award in the event the protest was successful and is protesting for one or more of the reasons listed in para. 5.2.1 of this RFP.

“Cargo Van” means a One-piece vehicle; the cargo area and passenger area are one.

"Closing" (referred to as “Proposal Opening Date” in OregonBuys) means the date and time set in the RFP for Proposal submission, after which Proposals may not be submitted, modified, or withdrawn by Proposer.

"Opening" means the date/time set to read the Proposal submittals.

"OregonBuys System" or “OregonBuys” means the on-line electronic Oregon automated procurement system administered by the Oregon Department of Administrative Services. The OregonBuys System website is: https://oregonbuys.gov/bso/.

“PA System” means a Public Address Systems (i.e. speakers)

"Proposal" (referred to as “Quote” in OregonBuys) means the Proposer's written Proposal submitted in response to the RFP, including all necessary attachments and information required to be submitted prior to award. Proposal also means "Offer".

"Proposer" means an individual (person), organization or representative of an organization that submits a Proposal in response to an RFP. Proposer may also mean “Offeror”.

“Schedule of Events” means the specific time and dates events relating to this RFP will occur.

“Successful Proposer” means the person(s), organization(s) to which the award is made.

“Trade Act” means a Federally funded program initiative to assist people who have been laid off due to foreign trade.

2.2.1 Crosswalk of Terms used in OregonBuys

https://oregonbuys.gov/bso/

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Term Used in OregonBuys

Definition

Amendment “Addendum” or “Addenda” as defined in OAR 125-246-0110(1), or any form of notice associated with the solicitation, such as intent to award, cancellation, etc., as set forth in the Amendment.

Proposal Opening Date “Closing” as defined in OAR 125-246-0110(25). In OregonBuys, it is the deadline for submitting Quotes (Proposals, Proposals, or other required responses) required by a Proposal Solicitation, after which the Proposal “Opening” as defined in OAR 125-246-0110(98) will immediately occur.

Proposal Solicitation Any form of solicitation: Request for Proposal, Request for Proposal, Request for Quote, Request for Information, etc., including notices (sole source notice, intent to participate, etc.). Each Proposal Solicitation has a separate page and ID number in OregonBuys.

Quote Any form of Proposal/Proposal submission by Vendors, i.e., Proposals, Quotes, or any other type of Proposal required by a Proposal Solicitation.

Vendor Any form of business entity registered in OregonBuys. Only registered Vendors are eligible to submit a Quote and enter any form of contract pursuant to Proposal Solicitations advertised in OregonBuys.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (PASS/FAIL)

To be considered for evaluation, Proposer must meet all requirements described in items 1 through 8 of the Minimum Proposer Requirements Tab of Attachment D – Proposal Bid Form.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

The following documents must be submitted with Proposal at time of submission:

Attachment B – Disclosure Exemption Affidavit

Attachment C – Proposer Information / Certification

Attachment D – Proposal Bid Form

Attachment E – COBID Certification / Outreach Plan

Attachment F – Responsibility Inquiry

Attachment H – Documentation supporting Lines 5 through 8 and 10 through 12.

3.2.2 Proposal Page Limits

There is no page limit for this Proposal.

3.2.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal

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Requirements Section 3.3. Responses to each section and subsection should be labeled to indicate the item being addressed.

Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in Section 4.5 for electronic submission.

The Proposal Bid Form, Attachment D, must be submitted as a separate electronic response file.

3.2.4 Authorized Representative

A representative authorized to bind the Proposer must sign the Proposal. Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

3.3 PROPOSAL REQUIREMENTS

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the

RFP.

3.3.1 Disclosure Exemption Affidavit (Optional, Not Scored)

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. Attachment B is required only if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478).

If Proposer believes any of the Proposal is exempt from public disclosure:

• Proposer must complete and submit the Disclosure Exemption Affidavit, Attachment B.

• Proposer must submit a fully redacted version of its Proposal, clearly identified as the redacted version. This is in addition to submitting a non-redacted Proposal.

• Proposer must mark as “Confidential” on all OregonBuys attachments Proposer believes are exempt from public disclosure.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

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

3.3.2 Proposer Information and Certification Sheet (Mandatory, Not Scored)

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C). The Proposer Information and Certification Sheet must bear the Proposer’s authorized representative’s Signature.

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer

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Information and Certification Sheet may result in a finding of non-Responsibility.

3.3.3 Certified Disadvantaged Business Outreach Plan (Mandatory, Not Scored)

Proposer shall complete and submit the Certified Disadvantaged Business Outreach Plan (Attachment E). See section 6.2 for further details.

Proposer may mark the sections as “Not Applicable (N/A)” if appropriate when submitting.

3.3.4 Proposer Responsibility Inquiry (Mandatory, Not Scored)

Proposer shall complete and submit the Proposer Responsibility Inquiry (Attachment F).

See section 4.10.1.2 for further details.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Solicitation documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

4.2 PRE-PROPOSAL CONFERENCE

A Pre-proposal conference will be held for this RFP on March 13, 2025 @ 10:30 AM. This will be conducted virtually through Microsoft Teams. Proposers unable to attend via this method are instructed to contact the SPC to make other arrangements to ensure attendance is available.

Attendees are instructed to send the SPC an email requesting an Invite and include all interested parties within their organization.

Participation is not mandatory, however, highly encouraged!

The purpose of the Pre-Proposal conference is to review the overall process and scope of the RFP, highlight relevant criteria and how it affects potential awardees and answer any related questions. Statements made at the Pre-proposal conference are not binding unless the information discussed results in an Addendum published to the solicitation.

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be submitted through the Q & A Tab of the solicitation.

https://oregonbuys.gov/

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

• Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule of Events.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed sample contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below.

4.4.2 Protests to Amendment(s)

Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

4.4.3 Requirements for Protests

All protests must:

• Be emailed to the SPC.

• Reference the OregonBuys solicitation number.

• Identify prospective Proposer’s name and contact information.

• Be sent by an authorized representative.

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, is unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based; and

• State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule.

Protests to an Amendment must be received by the due date identified in the Amendment.

4.5 PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Bid Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any

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4.5.1 Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at OregonBuys.gov.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

The Proposal Bid Form must be submitted as a separate electronic response file.

Proposer shall submit one original copy of its Proposal and all other submission requirements. Documents must be submitted using one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx), following the layout indicated in Section 3.3, Proposal Requirements. Responses to each section and subsection should be labeled to indicate the item being addressed.

Submissions can be a pdf, zip file, etc., but there should only be a total of three or four separate attachments. Label each attachment and include the appropriate documents as required in Section 3.2.1.

Agency requests that you do not password protect your original submissions or provide an additional copy of your submissions that are not password protected. Please contact the SPC if you have any questions or concerns.

Failure to demonstrate compliance with these submission requirements may result in a finding of non-Responsiveness.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Bid Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Bid Opening in accordance with OAR 137-047-0440. To be effective, the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Bid Opening. All Proposal modifications or withdrawals must also be received prior to Bid Opening.

A Proposal received after Bid Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

There will be no public Opening of Proposals. Proposals received will not be available for https://oregonbuys.gov/bso/view/login/login.xhtml 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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4.9 PROPOSAL REJECTION

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

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

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

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

• Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

• Proposer attempts to influence a member of the Evaluation Committee.

• Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness determination

A Proposal received prior to Bid Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non- Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Responsibility Inquiry form (Attachment F) with Proposal.

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

4.10.2 Proposal Evaluation Criteria

Proposals received on time and meeting all Responsiveness requirements will be

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DAS PS V4.5_March 31, 2023. Page 12 of 20 independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. The Evaluation Committee will evaluate Proposals in accordance with the evaluation procedures set forth in OAR 137-047-0600 through 137-047-0670, and ORS Chapters 279A and ORS 279B.

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

4.10.3 Score Calculations

Evaluators will assign a score based on the evaluation rating scale indicated below for each evaluation criterion listed in Attachment H.

Scores are the values (0 through 100) assigned by each evaluator.

Evaluation Committee Member’s evaluation (scores) of a Proposal; considering the criteria described in Attachment H is based on the following explanations:

Evaluation Rating Scale for each evaluation criteria listed in Attachment H

Relative Score Scale EXPLANATION

81% – 100%

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

61% – 80%

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

41% – 60%

ADEQUATE – Response meets all requirements in an adequate/average manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

21% – 40% FAIR – Proposer meets minimum requirements in a below average manner and does not demonstrate sufficient knowledge of the subject matter.

0% – 20% RESPONSE OF LITTLE TO NO VALUE – An unacceptable response that does not meet some or all the requirements set forth in the RFP.

Proposer has not demonstrated knowledge of the subject matter.

4.10.4 Point Calculations

Points are calculated as follows:

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Evaluators will evaluate each Proposal and assign a score, 0 – 100 per line item criterion as per the rating scale in section 4.10.3. For point calculation purposes, the evaluation scores are entered as a percentage (i.e., an evaluation score of 75 is calculated as 75%).

Example:

Proposer A receives an evaluation score of 75 (0 – 100) for a criterion worth 50 points. 75% (score) is multiplied by 50 (points possible) for 38 points out of the possible 50 points (rounded up or down for whole numbers only) for that evaluation criterion. This method is used for each evaluation criterion, per evaluator.

The SPC will total the points for each evaluation criterion by Evaluator. The average of all the evaluator’s total points will be the Proposer’s Points. This is calculated by dividing the total points, by the number of evaluators.

Example:

The points possible for the technical proposal is 150. There are 3 evaluators. Proposer A receives points of 125, 134, and 145 for a total of 404. 404 is divided by 3 (number of evaluators) for the points value of 135. Proposer A’s Points will be 135 out of 150 for the technical proposal.

4.10.5 Price Evaluation (100 Points)

The SPC will conduct the price evaluation. The SPC will average the hourly rates proposed and then award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest Proposer’s price using the following formula:

lowest price of all Proposers X price points possible = price score price being scored

4.10.6 Preferences

4.10.6.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 5% from the price for any Proposer proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the price score.

4.10.6.2 Reciprocal Preference

For evaluation purposes per OAR 137-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer’s state.

4.10.6.3 Recycled Materials

Agency will give preference to Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

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4.10.6.4 Tiebreakers

If Agency receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 137-046-0300.

4.11 RANKING OF PROPOSERS

After evaluation team members assign scores to items 5 through 12 of Attachment H for each Proposer, Proposer will receive a sub-total score. This is the sum of the scores marked for items 5 through 12. This sum will then be divided by the number of evaluation team members resulting in a total score for subject matter criteria for each proposer. SPC will add the price score to the total score to achieve a final score.

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score. Agency reserves the right to award to the highest ranked proposal, including preferences listed in Section 4.10.6, excluding price, if it is in the best interest of the Agency.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

4.11.1 Next Step Determination

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.11.2 Competitive Range Determination

If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

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SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4.

Agency may award less than the full Scope of Work described in this RFP.

Agency, in its sole discretion, may make additional award(s) for up to twelve (12) months following the close of this solicitation. Agency may select the next ranked Responsive and Responsible Proposer, issue an Intent to Award notice and begin a new award protest period. If agreement with that Proposer is not reached, Agency may offer award to the next ranked Proposer and so on until agreement is reached or until Agency terminates the process. Agency may require reconfirmation of the qualifications and staffing of any Proposer.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission by Affected Proposer

A Proposer is an Affected Proposer only if the Proposer would be eligible for a contract award if one or more of the following reasons occurred as specified in ORS 279B.410:

• All higher ranked Proposals are non-Responsive.

• Agency has failed to conduct an evaluation of proposals in accordance with the criteria or process described in the RFP.

• Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• Agency’s evaluation of Proposal or determination of award otherwise violates ORS

Chapter 279B or ORS Chapter 279A.

An Affected Proposer shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest.

If Agency receives only one Proposal, Agency may dispense with the evaluation process and proceed with Contract negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be emailed to the SPC.

• Reference the OregonBuys bid number.

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• Identify Proposer’s name and contact information.

• Be signed by an authorized representative of Proposer.

• Specify the grounds for the protest; and

• Be received within seven (7) calendar days of the Intent to Award notice.

5.2.2 Response to Protest

Agency will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

5.3.1 Insurance

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

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

5.3.2 Taxpayer Identification Number

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

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

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

Agency will not execute the Contract until Agency has a properly completed W-9.

5.3.3 Business Registry

If selected for award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Proposer shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All corporations and other business entities (domestic and foreign) must have a registered agent in Oregon for the duration of the Contract. See requirements and exceptions regarding registered agents. For more information, see Oregon Business Guide, How to Start a http://www.irs.gov/pub/irs-pdf/fw9.pdf

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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.

5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000.00 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer 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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), except for those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.3. If Agency agrees to make any requested changes to the Sample Contract/Contract, Agency will issue an Amendment to notify Proposers of such changes. Unless Agency issues an Amendment modifying any of the terms and conditions, Agency intends to enter a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, Agency may agree to negotiate changes to the negotiable provisions of the Sample Contract/Contract listed below.

However, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

http://www.filinginoregon.com/index.htm https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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Agency is willing to negotiate all items, except those listed below:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

If the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

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, 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.

6.2 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:

https://oregon4biz.diversitysoftware.com/FrontEnd/Vendors.asp?TN=oregon4biz&XID=2269

6.3 GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.3 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.

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

https://oregon4biz.diversitysoftware.com/FrontEnd/Vendors.asp?TN=oregon4biz&XID=2269

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All Proposals submitted in response to this RFP become the Property of Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

6.5 SOFTWARE SECURITY AND HOSTING

If awarded a contract, Proposers agree to adhere to the State of Oregon software policies including, but not limited to the following:

6.5.1 Compliance with Laws, Regulations, and Policies.

Proposer represents and warrants it, and all Proposer’s employees, contractors, and agents shall comply with all applicable state and federal laws and regulations, and State of Oregon policies governing use and disclosure of Licensee Data [and access to State of Oregon information assets], including as those laws, regulations, and policies may be updated from time to time. Applicable laws, regulations, and policies include but are not limited to:

6.5.1.1 Oregon’s Statewide Information Security Standards, found online at:

https://www.oregon.gov/das/OSCIO/Pages/SecurityGuidance.aspxf.

6.5.1.2 Oregon’s Statewide Information Security Plan, found online at:

https://www.oregon.gov/das/OSCIO/Pages/SecurityGuidance.aspx.

6.5.1.3 Oregon’s Statewide Policies:

www.oregon.gov/das/Pages/policies.aspx#IT.

6.5.1.4 The Oregon Consumer Information Protection Act (OCIPA), ORS 646A.600 through 646A.628. For purposes of OCIPA, Proposer is a vendor.

Agency will discuss this further with the awarded Proposer during Contract negotiations.

6.6 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract/Contract award, or the rejection of any Proposal.

6.7 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited https://www.oregon.gov/das/OSCIO/Pages/SecurityGuidance.aspxf https://www.oregon.gov/das/OSCIO/Pages/SecurityGuidance.aspx.

file://cbs/dfs/FABS/Team/Operations/Procurement/C&S/_DFR/Solicitations/RFP/2024%20ORP%20Actuarial%20Services%20RFP/RFP_S-44000-00009689_Market%20Stabilization/www.oregon.gov/das/Pages/policies.aspx#IT

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DAS PS V4.5_March 31, 2023. Page 20 of 20 to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.8 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

6.9 RECYCLABLE PRODUCTS

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

6.10 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. Agency makes no representation as to the completeness or accuracy of any Checklist.

Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor Agency is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this

RFP.

https://www.oregon.gov/das