RFP 170-4438-25_External Audit Services_FINAL~2.docx

Request for Proposal Private Markets – Investment Classes Audit Services

Contracting Entity: Oregon State Treasury Request Number: 170-4438-25

Open Date: June 18, 2025 Close Date: July 18, 2025, 12:00 PM Pacific Time

Single Point of Contact:

Joshua Woodmansee Senior Procurement Officer Oregon State Treasury 867 Hawthorne Ave SE Salem, OR 97301 purchasing@ost.state.or.us 503-378-6785

Oregon State Treasury 2 170-4438-25 DOJ Approved 1/22/19

Table of Contents

General Information Office of the State Treasurer and the Oregon State Treasury

The Office of the State Treasurer and the Oregon State Treasury strive to save taxpayers money and earn strong and sustainable risk-adjusted returns on investments. The Treasurer seeks to provide the highest value by improving the financial health of the state and Oregonians by being efficient, transparent, and accountable.

The Treasury is the state’s financial-services hub and manages an array of responsibilities including the investment of public funds and trust funds, issuing state bonds, proving financial and banking services to state agencies, and protecting public funds. The Treasurer also administers the Oregon 529 Savings Network and the Oregon Retirement Savings Plan, the Oregon Unclaimed Property Program and the Oregon Estate Administration Program, and provides staffing services to the Oregon Investment Council.

Statutory Authority The Oregon State Treasury (“Treasury” or “Agency”) is coordinating the solicitation on behalf of the Oregon State Treasury, which may purchase and contract for goods and services under ORS 279A.050.

Single Point of Contact If you have any questions related to this Request, you may only contact:

Joshua Woodmansee Senior Procurement Officer 867 Hawthorne Ave SE Salem, OR 97301 purchasing@ost.state.or.us 503-378-6785

If you send questions to any other Treasury employee, your proposal may be rejected.

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

Treasury may modify this Request by publishing a written Addenda to OregonBuys. You are solely responsible for checking OregonBuys to determine whether any Addenda have been issued. All published Addenda are hereby incorporated into this Request by reference.

Business Inclusion and Diversity Treasury encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID). 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. Treasury also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

Procurement Information A. Introduction Treasury is using the Competitive Sealed Proposal method under OAR 170-002-0145, ORS 279B.060. Treasury is asking qualified vendors to submit proposals for Audit Services within the Investments Division – Private Markets: Real Assets and Private Equity. The audit period is for twelve months (example: January 2024 through December 2024). The audit services are to be performed in accordance with professional standards i.e., Generally Accepted Accounting Principles (GAAP), Generally Accepted Auditing Standards (GAAS), Governmental Accounting Standards Board (GASB), COSO and Institute of Internal Auditors (IIA) Standards.

Treasury anticipates the award of one contract to a single proposer from this RFP. Proposer’s can choose to propose on both Real Assets Program and Private Equity Program, or propose on one or the other based on experience and expertise. Treasury will enter into separate contracts for Real Assets and Private Equity audits if awarded proposer(s) propose on a single program. Treasury may give preference to a proposer that proposes on both Real Assets and Private Equity.

The Contract will be a deliverable based contract.

B. Program Overview The Oregon State Treasury is responsible for managing the investments of various state funds, including the Oregon Public Employees Retirement Fund (OPERF), the State Accident Insurance Fund (SAIF), and other public assets. Guided by the Oregon Investment Council (OIC), the Treasury aims to ensure prudent, responsible, and long-term investment growth for each fund. For OPERF, the focus is on securing retirement benefits for public employees, while for SAIF, it prioritizes financial stability to support workers' compensation insurance. The Treasury follows rigorous standards of care and risk management, adhering to statutory guidelines and investment policies tailored to each fund’s objectives. Through diversified strategies and periodic policy reviews, the Treasury seeks to balance growth with safeguarding public assets.

In its Private Markets investments within these portfolios, the Oregon State Treasury aims to capture higher returns by allocating portions of OPERF and other state funds to private equity, private debt, real estate, and infrastructure assets. These investments are managed with a disciplined approach to due diligence, targeting high-quality opportunities that align with each fund's risk and return profile. For OPERF, the Treasury's private market investments are critical to meeting long-term pension obligations, while for SAIF and other funds, they provide additional growth potential and diversification. The Treasury leverages its institutional expertise and partnerships to access top-tier private market opportunities globally. Continuous monitoring and portfolio adjustments ensure these investments align with the overall financial objectives and fiduciary responsibilities of each fund.

C. Project Overview and Purpose OST’s Internal Audit team is comprised of three staff members. Due to the many programs at OST vs-a-vis the size of the internal audit function, Treasury desires to outsource audit of Private Markets to complement the work of Internal Audit. This particular RFP relates to Private Equity and Real Assets, which are components of Private Markets. Additionally, Private markets are unique due to lack of benchmarking markets such as capital markets, limited liquidity, unique portfolio(s) with varying complexities, longer horizons, complex fee structures, uneven performance, limited investment options, high risks, limited oversight and complicated exit strategies.

D. Scope of Work and Deliverables Oregon State Treasury’s Internal Audit Team is seeking an external firm to audit the Private Markets sub programs of Private Equity and Real Assets.

Programs to be audited:

1. Real Assets (Expected audit October/November 2025)

2. Private Equity (Expected audit February/March 2026)

Processes and activities related to the above programs for audit:

The processes and activities to be audited under both Real Assets and Private Equity programs are as follows:

I. Governance & Oversight:

Policies, procedures, manuals, strategies, etc.

Investment Strategies e.g. Strategic asset allocation, Tactical asset allocation Board / Oregon Investment Council (OIC) Management Oversight Private Equity Committee Oversight Conflicts of Interest Material Non-Public Information (MNPI) Board reporting & review (management and Consultants reports) Delegated Authority

II. Investment Managers:

New Manager (s) Selection, Thesis review, questionnaire review, scoring & underwriting Initial Diligence and Onboarding Existing Manager(s) Due Diligence (ODD/IDD), termination, etc.

Existing manager(s) performance review Relationship management Portfolio structuring and management Existing Managers Fees & Expenses determination, review, etc.

Capital calls, commitment and distribution Conflict of Interest (COI), Code of Ethics (COE), disclosures Material Non-Public Information (MNPI)

III. Legal and Compliance:

Contract Negotiation Legal agreement process e.g. IMA (investment agreement), LPA (limited Partnership Agreement), Separately managed agreements (SMA), GP (General Partnerships), Investment Advisor/ Consultancy contracting process

Periodic review of controls, segregation of duties Compliance review & monitoring e.g. trading, IV. Risk management, Fiduciary management and Monitoring:

Research and performance assessment Asset class studies, annual reviews & allocation ALM framework Data management & integrity System access, controls and segregation of duties Proxy voting & engagement ESG & Climate-related risks Investment Fair Valuation and related management / consultant review Audited investment manager accounts / process Regulatory framework (State Statutes, Federal / FINRA/IRS regulations) Portfolio monitoring calls and site visits Staff monitoring travels

V. Investment Accounting and Operations Custodial Accounting & Accounting book of record Private markets investment accounting & reporting Reconciliations and consolidation into final accounts

The selected firm will conduct interviews, verify / validate risks / controls and develop a risk & control matrix, conduct fieldwork, walkthroughs of the program, sampling / testing procedures, entrance and exit meetings with Private Market key stakeholders and complete the following deliverables (See Exhibit 1 for additional information on deliverables):

Audit Planning:

· Audit Engagement Plan / Planning Memo

· Audit approach, methodology, communication plan and audit timelines/framework

· Audit scope, & Audit Objectives

· Entrance Agenda / Meeting Document

· Risk & Control Matrix with risk ranking

· Audit Program Description

· Sampling / Testing Procedures

· Audit Team Audit Fieldwork:

· Testing Work Papers

· Request Items (PBC / DRL) – schedule of testing items

· Summary of Findings Document

· Supporting documentation for findings Audit Reporting:

· Statement of findings and observations

· Draft Audit Report

· Exit Meeting Document

· Schedule of processes tested / audited

· Schedule of meetings held

· Final Draft Report with Management Responses.

· Final Audit Report

E. Information Security / Technology Requirements

The final contract awarded to the selected vendor will address whether or not Oregon State Treasury will provide laptops to the third party specified auditors to ensure all data remains within OST’s environment, or if the vendor will be permitted to use their own IT equipment for the audit.

The following information will be used during an initial security review. Please document if Proposer can meet the following requirements and how:

1. Compliance

· Vendors must have an information security program aligned to a recognized standard (e.g., ISO 27001, SOC 2 Type II, NIST CSF).

· Upon request from OST, the vendor must provide copies of relevant security certifications, such as ISO 27001, SOC 2 Type II, or equivalent.

2. Data Protection

· All audit data must be encrypted at rest and in transit using industry-standard encryption (AES-256 or better)

· Vendors must agree to maintain strict confidentiality and sign NDAs as part of the engagement.

· Vendors must comply with Oregon State Treasury’s data security, policies, protection standards, and applicable regulations.

· No OST data may be transferred outside the country or organization without explicit, written consent.

3. Data Ownership and Retention

· Vendors must securely destroy or return all data after the project, with written certification of destruction if requested.

· All data gathered or created during the audit remains the property of Oregon State Treasury.

4. Incident Response

· Vendors must immediately notify OST of any security incidents involving OST’s data upon discovery.

· Vendors must have a documented incident response plan and be willing to coordinate investigations if necessary.

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DOJ Approved: 1/22/2019

Schedule The table below provides the specific date and time of, or deadline for, an event (Pacific time zone provided). If the date field is blank, then that event is not planned for this request.

Time Zone

Pre-Proposal Conference

Other Tentative Dates. The table below provides the approximate or tentative date of an event. If the date field is blank, then that event is not planned for this request.

Protests All protests must be made in writing in accordance with OAR 170-002-0300.

Protests must:

· Be delivered by email to the Single Point of Contact, or hand-delivered to the Single Point of Contact’s address during business hours (8 am to 5 pm; Monday through Friday).

· Include a reference to 170-4438-25.

· Include your name and contact information.

· Be submitted by your authorized representative.

· State the reason for the protest, including:

· The grounds that demonstrate how the Procurement Process is contrary to law; and

· Evidence or documentation that supports the grounds of your protest.

· State your proposed changes to the Request provisions or other relief sought.

Request Protest: Must be received by 12:00 PM Pacific Time, not less than seven calendar days prior to the Request Close Date.

Award Protest: Must be received by 12:00 pm Pacific Time, not more than ten calendar days after the Notice of Intent to Award is issued.

Treasury Response to Protest: Treasury will respond to all protests within a reasonable time and will issue a written decision to the Proposer who submitted the protest. Treasury will not consider any protest that is submitted after the deadline or does not include the required information.

Qualification Requirements To qualify for further consideration, your Proposal must demonstrate how you meet all the requirements included in this section and its subsections.

Minimum Qualification The following experience / documentation to complete the Private Markets Audit must be demonstrated:

· Either CPA & CFA, or CIA & CFA Certification(s) required for Partner/Director and Engagement Manager

Licensing and Certification Requirements Pay Equity Certification. If your Proposal exceeds $500,000, and you employ 50 or more full-time employees, you must have a Pay Equity Compliance Certificate issued by Oregon Department of Administrative Services prior to executing a contract with the Treasury.

Instructions on how to obtain the certificate can be found at the following web address: www.oregon.gov/das/Procurement/Documents/SB491PayEquity.pdf.

Nondiscrimination in Employment. As a condition of receiving the award of a Contract under this Request, you must certify that you have 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination. Your requirement is met by completing and signing the Proposer Information and Certification Sheet (Attachment C).

Proposal Requirements Format, Quantity, and Delivery The following table applies to Proposals, Modifications, Withdrawals, and Protests. Email Delivery ONLY: You must provide the scanned or electronically generated original, signed Proposal. Proposals must be received by the Closing date and time.

Number of Pages (excluding Cover Page and Exhibits) The following items do not count toward the page limit:

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check form (Attachment D)

· Price Proposal (Attachment E)

· COBID Certification / Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Work samples [30]

Table Text: 10 point Footnoted Text: 9 point

If the submission requires more than one email, then you must include the Request Number and identify it as first, second etc. in the chain of e-mails in the subject line on each email sent. Example: 170-1000-2025; Email #1

General Requirements Proposals must address each of the requirements included in this Request. You must describe the Goods to be provided or the Services to be performed or both as required in the Scope of Work. A Proposal that merely offers to provide the Goods or Services as stated in this Request may be considered non-Responsive and may not be evaluated further.

The terms of your Proposal, including pricing, are valid and binding for 120 days from the Closing Date.

Proposals containing unsolicited marketing or advertising material may not be scored favorably if specific information is difficult to locate.

Vendors (i.e., Proposer) shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

Information and Certification Sheet Your Proposal must include the Information and Certification Sheet (Attachment C) providing that you have complied with the tax laws of this state or a political subdivision of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317 and 318. Your Proposal may be found non-Responsive if you fail to demonstrate compliance with Oregon Tax Laws or do not sign the Proposer Information and Certification Sheet.

Public Records and Exemptions Proposals are public records and are subject to public inspection after Treasury issues the Notice of the Intent to Award. Treasury will keep a list of all Proposers and will release the list when required. Treasury will not disclose Proposals until it has issued the Notice of Intent to Award. If you believe any information contained in your Proposal is exempt from disclosure under the Oregon Public Records law (ORS 192.311 through 192.478), you must submit a redacted version of your Proposal. You may only redact information that is exempt, and any redactions should not be overly broad. You must clearly identify the redacted version on the Cover Page. The naming convention used for the document should include the word “redacted” if your Proposal is submitted electronically.

You must also complete and submit the Disclosure Exemption Affidavit (Attachment B). If you fail to complete the affidavit, the Treasury will assume you do not believe information contained in the Proposal is exempt from disclosure. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

Your Proposal submitted under this Request becomes the Property of Treasury when received by the Single Point of Contact. By submitting a Proposal in response to this Request, you grant 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 Request process, and to fulfill obligations under Oregon Public Records Law. Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

References (150 Points) Proposer must provide 3 references using the Reference Check Form/Survey (Attachment D). Forms must be completed and signed by the reference, then submitted directly to the Single Point of Contact, by email, prior to the Close Date of the RFP. References should be from customers for whom Proposer has performed similar work within the past three (3) years.

Treasury will contact references you provide concerning your ability to comply with the requirements of this Request. Treasury may use references to obtain additional information, or verify any information needed. Treasury may contact any reference (submitted or not) to verify your qualifications.

Treasury will score References as a blend of both the survey and direct contact with the reference.

Price Proposal You must complete the Price Proposal (Attachment E) and submit the price information as a separate electronic file/document with the naming convention including the term “Attachment E”.

Proposer may propose for one Program or for both Programs. There are two tabs on the spreadsheet, one for Real Assets and one for Private Equity. Please completely fill out the tab(s) being proposed.

Key Persons and Resumes (150 Points) Your Proposal must identify any key persons you will assign to this project. You must include a current resume (not more than 2 pages) for each person that demonstrates qualifications and experience for the work they will perform.

Audit Plan, Engagement Plan, Schedule of Deliverables (Timeline), Work Plan & Sample reports (200 Points) You must describe how you would carry out the major activities described in the Scope of Work. The plan must demonstrate how you will coordinate and accomplish the work.

In sufficient detail, describe the audit approach; expected timing of audit procedures including critical audit objective completion dates; project timeline; engagement team; list of deliverables; expected utilization of computer-assisted audit techniques and technology; the nature and extent of audit procedures to be performed; supervisory review and quality control procedures to be performed; any other information deemed necessary to understanding the audit scope, plan and approach, including any use of AI (which must be preapproved by OST/Treasury).

Describe the method, content and frequency of audit updates that will be provided to client.

Please include a sample Audit Plan / Engagement Plan & Report of a similar nature.

Please section 2.D above and Exhibit 1 for Scope of Work and expected Deliverables.

Firm Experience and Qualifications (200 Points) Provide the firm’s experience and qualifications relative to similar audits to the proposed engagement and highlight any state and/or local government and comparable program auditing experience. Please provide Real Assets and Private Equity previous work examples.

Please also provide information on the following:

1. Experience auditing investments (especially private markets)

2. Experience auditing state/public investment programs

3. Industry professional associations/certifications/licensing

4. Local/Pacific Northwest presence/experience/footprint & national footprint

5. Any industry rankings or awards

The experience profiles auditing state and/or local governments and comparable programs should be within the last three (3) years and for no more than four engagements. Provide the following information:

For references provided in the References section above, provide the following information:

Sample Contract Exceptions You must submit exceptions to terms and conditions of the Sample Contract (Exhibit A) with your Proposal. You may use standard revisions marking to document your exceptions. Treasury will consider the scope of requested revisions in its evaluation of your Proposal. The terms and conditions of the Sample Contract may be negotiated only as set forth in Section 7.D of this Request.

Solicitation Process Pre-Proposal Conference A Pre-Proposal Conference will not be held for this Request.

Questions/Requests for Clarification Your questions or requests for clarification related to this Request must be emailed to the Single Point of Contact. You must:

· Reference the Request number

· Include your name and contact information, and

· Identify the specific area of the Request in question (page, section, and subsection number).

You must submit your questions or requests for clarification by June 27, 2025 12:00 PM Pacific Time.

Modification or Withdrawal You may modify your proposal. The modification must include the Request Number and be submitted to the Single Point of Contact prior to the closing date and time.

You may also withdraw your proposal by emailing written notice to the Single Point of Contact. The notice must include the Request Number and be submitted to the Single Point of Contact prior to the closing date and time.

Treasury will not consider a modification or withdrawal received after the closing date and time.

Cancellation and Rejection of Proposal Treasury may cancel this Request at any time if it is in the best interest of the Oregon State Treasury.

Treasury may reject one or more Proposals for any of the following reasons:

· Proposer fails to substantially comply with the requirements of this Request.

· A Proposal is non-Responsive.

· 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 Request with State representatives such as State employees or officials other than the Single Point of Contact, or inappropriate contact with the Single Point of Contact.

· Proposer attempts to influence a member of the Evaluation Panel.

· When rejection is in the best interest of the Office of the State Treasurer.

Responsiveness Determination Any Proposal received prior to the Closing Date may be reviewed to determine if it is Responsive to all Request requirements, including compliance with Section 3 of this Request. If a Proposal is unclear, the Single Point of Contact may request clarification from the Proposer. Seeking clarification will not be used to correct a non-Responsive Proposal. Treasury may waive mistakes under OAR 170-002-0170.

Responsibility Determination Treasury will determine if the preliminarily selected Proposer is Responsible prior to the evaluation process. The Responsibility Inquiry Form (Attachment G) is included with the RFP. Proposer must complete, sign, and return the form with their proposal.

Evaluation General Requirements Each Responsive Proposal meeting minimum requirements will be independently evaluated by members of an Evaluation Panel. Evaluation Panel members may change, and Treasury may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

The Single Point of Contact may request further clarification to assist the Evaluation Panel in gaining additional understanding of a Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Evaluation Criteria

Point and Score Calculation

Price Proposal Evaluation The SPC will conduct the price evaluation. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price (from Attachment E) as compared to the lowest Proposer’s price using the following formula:

price being scored

Proposal Ranking The Single Point of Contact will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Panel member and dividing by the number of members).

Treasury will rank all Proposers at the conclusion of the evaluation and scoring and may, in Treasury’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Treasury 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.

The Single Point of Contact will combine the average score for each Proposal with Price Proposal score. The Single Point of Contact will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Next Step Determination At the conclusion of a round of competition, Treasury may choose to conduct an additional round(s) of competition if in its best interest. 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

Treasury may advance up to the top three scoring Proposals to a subsequent round. Treasury will select the location of any interview, demonstration, or other event, or may conduct the event via teleconference or videoconference.

Subsequent Round Scoring If Treasury conducts two or more rounds of competition, the Single Point of Contact will determine the cumulative score for each Proposal advancing through all rounds of competition by adding the scores from each completed round. The Proposal with the highest cumulative score will receive the highest final ranking.

Award and Negotiation Award Consideration Treasury will award a contract to the highest-ranking Proposer that met all the requirements in this Request and is Responsible. Treasury may award less than the full Scope of Work included in this Request.

Notice of Intent to Award Treasury will send a Notice of Intent to Award to all Proposers. The Notice of Intent to Award will include the name of the selected Proposer. A Proposer to this Request may submit a protest under subsection 2.F of this Request.

Treasury may immediately begin negotiations with a Proposer if only one Proposal was submitted. Treasury is not required to evaluate the single Proposal and may waive the protest period.

Additional Information Requirements The Proposer awarded a contract under this Request is required to submit the following additional information:

· Proof of insurance for the lines of coverage provided in Exhibit B of Attachment A.

· Taxpayer Identification Number (TIN) issued by the Internal Revenue Service.

· A completed W-9 form with backup withholder status.

· Proof of business registration and authority to transact business in the State of Oregon.

· Pay Equity Certification, if required. (See Section 3.B.)

· Nondiscrimination in Employment Certification (Attachment C).

· Certification by the Office for Business Inclusion and Diversity (COBID) Certification. (See Section 1)

· Certified Disadvantaged Business Outreach Plan (Attachment F), if requested.

Contract Negotiation After selection of a successful Proposal, Treasury may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of this Request, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms listed below for negotiation.

Unless Treasury agrees to modify any of the terms and conditions pursuant to any exception(s) included in the original Proposal, Treasury intends to enter into a Contract with the successful Proposer that is substantially in the form of the Sample Contract (Attachment A) included in this Request.

It may be possible to negotiate some provisions of the final Contract; however, Treasury 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. Therefore, Treasury will consider the scope of requested exceptions in the evaluation of Proposal.

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

Treasury 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

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Treasury may terminate negotiations and commence negotiations with the next highest-ranking Proposer.

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

Governing Laws and Regulations This Request is governed by the laws of the State of Oregon. The venue for any administrative or judicial action relating to this Request, 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.

Cost of Submitting Proposal Proposer must pay all the costs in submitting its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

Statewide E-waste/Recovery If the products included in a Proposal are electronic equipment, Proposer must include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the Department of Administrative Services website www.oregon.gov/das and use the search bar feature to locate the procedure.

Printing, Binding, and Stationary Except as provided in ORS 282.210(2), all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the State or any county, city, town, port district, school district, or other political subdivision, must be performed within the State.

Definitions Unless the context of a specific term requires otherwise, capitalized terms used in this Request and the attachments to this Request have the meaning as prescribed below:

Proposal A person’s offer made in response to the Request.

You or Your The person who is considering submitting a Proposal under the Request.

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