RFP_1933_S-DASOBO-00001933.doc

Solicitation No. S-DASOBO-00001933 / ELISA Screening Equipment

The Department of Administrative Services – Procurement Services [DAS-PS], on behalf of the Oregon State Police Forensics Laboratory, issues this Request for Proposal (RFP) for the following equipment:

ELISA Screening Equipment (Forensic Immunoassay)

Issue Date and Time: March 08, 2022, 11:30 AM [PST] Opening Date and Time: March 31, 2022, 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 E-mail:

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.

Table of Contents

4SECTION 1:

GENERAL INFORMATION

41.1

INTRODUCTION

51.2

SCHEDULE

51.3

SINGLE POINT OF CONTACT (SPC)

5SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

52.1

AUTHORITY AND METHOD

62.2

DEFINITION OF TERMS

62.3

OVERVIEW AND PURPOSE

72.4

SCOPE OF WORK/SPECIFICATIONS

7SECTION 3:

PROCUREMENT REQUIREMENTS

73.1

MINIMUM QUALIFICATIONS

73.2

MINIMUM SUBMISSION REQUIREMENTS

93.3

PROPOSAL REQUIREMENTS

12SECTION 4:

SOLICITATION PROCESS

124.1

PUBLIC NOTICE

124.2

PRE-PROPOSAL CONFERENCE

124.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

134.4

SOLICITATION PROTESTS

134.5

PROPOSAL DELIVERY OPTIONS

144.6

PROPOSAL MODIFICATION OR WITHDRAWAL

144.7

PROPOSAL DUE

154.8

PUBLIC OPENING

154.9

PROPOSAL REJECTION

154.10

EVALUATION PROCESS

184.11

POINT AND SCORE CALCULATIONS

194.12

RANKING OF PROPOSERS

194.13

NEXT STEP DETERMINATION

204.14

ADDITIONAL ROUNDS

214.15

SCORING AND RANKING OF PROPOSERS

22SECTION 5:

AWARD AND NEGOTIATION

225.1

AWARD NOTIFICATION PROCESS

225.2

INTENT TO AWARD PROTEST

235.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

245.4

CONTRACT NEGOTIATION

25SECTION 6:

ADDITIONAL INFORMATION

256.1

CERTIFIED FIRM PARTICIPATION

266.2

GOVERNING LAWS AND REGULATIONS

266.3

OWNERSHIP/PERMISSION TO USE MATERIALS

266.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

266.5

COST OF SUBMITTING A PROPOSAL

266.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

276.7

RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID COVER SHEET

ATTACHMENT C – COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT D – PROPOSAL FORM w/ EVALUATION CRITERIA

ATTACHMENT E – RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through DAS-PS is issuing this Request for Proposal under the provisions of ORS 279B.060 and on behalf of the Oregon State Police Forensics Laboratory for the purpose of replacing its Enzyme-Linked Immunosorbent Assay (ELISA) screening equipment. This equipment uses antibodies and color change to detect and identify a variety of substances.

A minimum of two machines are requested. Each assigned to different locations. Additional details are included in Attachment D – Proposal Form on the document TAB titled: Specifications DAS-PS anticipates one award based on the results of this RFP.

1.2 SCHEDULE

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

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page. Proposer shall direct all communications related to any provision of this RFP only to the SPC. This includes technical, contractual or process requirements.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS-PS issues this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2) and is using a Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260.

2.2 DEFINITION OF TERMS

The following definitions apply to this RFP and resulting Contract. Any capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

“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.”

"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 also mean “Offeror”.

"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/.

“SPC” means the Single Point of Contact listed on the cover page of this RFP. All communications related to any provisions of this RFP shall be directed only to the SPC to ensure every Proposer receives the same information.

“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.

2.2.1 Crosswalk of Terms used in OregonBuys

2.2.2 Special Definitions for Interpreting EO 21-29 Obligations

“EO 21-29” means Governor of the State of Oregon’s Executive Order 21-29 as may be amended, https://www.oregon.gov/gov/Documents/executive_orders/eo_21-29.pdf.

‘FAQ” means the Executive Order 21-29 Vaccination Requirements for State Contractors Frequently Asked Questions as may be amended, ExecutiveOrder21-29_ContractorFAQ.pdf (oregon.gov) For interpretation of provisions relating to EO 21-19:

The terms "Executive Branch," "COVID-19," "Fully Vaccinated," "Proof of Vaccination," "Employee," and "Worker" have the meanings defined in EO 21-19.

The term “Worksite” has the meaning defined in the FAQ.

2.3 SINGLE POINT OF CONTACT

All questions, requests for clarification and protests about any component of this RFP, including the specifications, contractual requirements or the procurement process must be directed to the SPC identified on the cover page of this RFP.

2.4 OVERVIEW AND PURPOSE

Agency Overview and Background Oregon State Police forensic laboratory is Oregon’s only full-service forensic laboratory system and sole-source provider for most forensic science services. The agency provides scientific examination of evidence for all criminal justice system partners including the FBI, the United States Attorney for Oregon, District Attorney’s offices, Sheriff’s departments, police departments, Oregon State Police offices and criminal defense attorneys.

Project Overview and Background Oregon State Police forensic laboratory intends to replace its Enzyme-Linked Immunosorbent Assay (ELISA) screening equipment. This equipment uses antibodies and color change to detect and identify a variety of substances.

Purpose The purpose of this acquisition is to replace existing equipment which is approaching the end of its expected life-cycle performance and operation.

SCOPE OF WORK/SPECIFICATIONS

Refer to Attachment D – Proposer Form for details and parameters.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 Minimum Submission Requirements Each proposal must contain, at a minimum, the following documents:

Attachment B – Bid Cover Sheet Attachment C – COBID Certification / Outreach plan Attachment D – Proposal form w/ Evaluation criteria Attachment E – Responsibility Inquiry 3.2 Format and Quantity Proposer shall submit one (1) each Proposal electronically through OregonBuys.

3.3 Authorized Representative Proposal must contain the signature of an authorized representative capable of legally binding the contents of its proposal. If omitted, proposal may be subject to rejection.

3.4 Content Proposer must address each of the items listed in Attachment D and all other requirements set forth in this RFP. Proposer must adequately describe the Goods to be provided and its related Services to be performed. Proposal must not include extensive artwork, unusual printing or materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising.

3.5 Key Personnel Proposer shall provide names and titles of key individuals within its company who would be assigned to support the Agency if awarded a contract from this RFP.

3.6 References Agency reserves the right to request references and shall forward the proper forms to any Proposer submitting a proposal.

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/. Modifications, if any, will be made through Amendment(s) published in OregonBuys. Amendment(s) are incorporated into the RFP by this reference and proposers are solely responsible for checking OregonBuys for any published Amendment(s).

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries relating to the RFP process, administration, deadline, method of award or technical aspects must be submitted through the Q & A Tab of the solicitation. Proposers are reminded of the deadline for inquiries is published in Section 1.2 above.

4.3 SOLICITATION PROTESTS

Protests to RFP

Prospective Proposer may submit a written protest of anything contained in this RFP including, but not limited to, the process, specifications and the sample contract.

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.

Protest Process All protests must:

· Be addressed to the SPC via email

· Reference the OregonBuys Solicitation number

· Identify Proposer’s name and contact information

· Be sent by an authorized representative of the proposer

· State the reason for the protest, including:

· the grounds demonstrating how the Procurement Process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and

· evidence or documentation supporting the grounds on which the protest is based; and

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

Protests to the RFP must be received by the due date and time identified in the Section 1.2.

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

4.4 Submission

Regardless of option chosen, Proposer is solely responsible for ensuring its proposal is received by the SPC in accordance with the RFP requirements before 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 reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

OregonBuys The preferred method of submission is electronically through OregonBuys. Detailed instructions to submit a Proposal may be found at OregonBuys Vendor Formal Solicitation Response.pdf Mail or Parcel Carrier

A Proposal may be submitted through the mail or via parcel carrier provided it is clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s Name and the OregonBuys solicitation number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

Modification or Withdrawal If a Proposer wishes to make modifications to a submitted proposal, 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 Proposal number and be submitted to the SPC prior to Opening. If a Proposer wishes to withdraw a submitted proposal, Proposer must submit a written notice to the SPC via email referencing the solicitation number, signed by an authorized representative and expressing intent to withdraw prior to the Opening in accordance with OAR 125-247-0440.

Due Date A Proposal (including all required submittal items) must be received by the SPC on or before Opening Date and Time stated on cover page. All Proposal modifications or withdrawals must also be received prior to Opening. Proposals received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

4.5 PUBLIC OPENING

Due to pandemic guidelines at time of publication, a Public Opening will not be conducted. Proposals received by the due date will be documented with proposer’s name, date and time received. Requests for inspection will not be available until after the evaluation process is complete and Notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.6 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).

4.7 EVALUATION PROCESS

Responsiveness and Responsibility Determination

Responsiveness determination

A Proposal received prior to Opening will be reviewed to determine if it is Responsive to the RFP minimum requirements stated in Section 3.1. If Proposal is unclear, the SPC may request clarification. 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 but Agency may waive minor mistakes in accordance with OAR 125-247-0470.

Responsibility Determination

Agency will determine if an apparent, successful Proposer is Responsible prior to award and execution of the Contract. Proposers must have submitted a signed Responsibility Inquiry form (Attachment E) with its origin Proposal. At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Evaluation Criteria

Below are features required of the ELISA Screening Equipment with Evaluation Ranking Criteria as dictated by OSP Forensic Services Toxicology. The Proposer is to provide a Liquid-handling system designed to perform forensic immunoassays. Submissions will be evaluated in five groups and scored as outlined below:

GROUP 1 – System Functionality – Vendor must clarify each feature below is present within its system functionality. Respond with “YES” or “NO”.

Scoring:

20 pts. for each item below (a through f)

Total Avail: 120

a. Identification of both blood and urine matrices

b. Utilizes a complete set of matched components kits [assay] consisting of microplates and reagents

c. Automated Sunrise Microplate Absorbance Reader

d. Automated Hydro-Flex Strip Washer

e. Utilizes Navi-Track Software interface combined with Tecan EVO-ware software

f. Automated liquid-handling throughout specimen addition, washing and reading of microplates

GROUP 2 – Installation, Set-up and Orientation - Vendor must be able to conduct an on-site installation, validation, and demonstrate its system is “Fit for Purpose” for forensic use.

Scoring: 50 pts. each for both “a” and “b” / 20 pts. for “c” Total Avail: 120

a. “Fit for purpose” means selection and validation of cut-off values for blood and urine that meet those shown in the table below used with screening in forensic toxicology.

b. Mandatory Assays include, at a minimum, all of the following:

i. Amphetamines and/or Methamphetamine

ii. Benzodiazepines

iii. Fentanyl

iv. Cannabinoids

v. Barbiturates

vi. Opiates

c. Preferred Assays include, but not necessarily limited to, the following:

i. Salicylates

ii. Buprenorphine

GROUP 3 – Technical Support, Maintenance and Repair Services - Vendor must have the ability to provide Technical Support, Maintenance and Repair Services either On-site or Virtual Forum, where appropriate and applicable.

Scoring:

30 pts. for each item below (a through d)

Total Avail: 120

a. All services, and any parts beyond standard normal wear and tear, are to be included during the initial 1-year warranty period following installation with offering the option to negotiate a future service contract following the warranty period.

b. Vendor must provide prompt onsite service as needed

i. Response time should be 3 business days or less following a service call

c. Vendor must demonstrate that they continually conduct research on the cross-reactivity of new and novel drugs with Immunalysis kits

d. Tech support will include providing the Agency information on cross-reactivity of assays with new and novel drugs as available to meet the challenges of the ever-changing list of drugs observed in forensic toxicology.

GROUP 4 – On-Site Training - Vendor must be able to conduct on-site training to all laboratory staff. Please confirm ability to perform the following:

Scoring: 10 pts. for each item below (a through g)

Total Avail: 70

a. Instrument preparation

b. Creating a sequence for analysis

c. Using the reader software

d. Analyzing reader information

e. Creating and/or reprocessing specimen reports

f. Regular preventive maintenance practices

g. Instrument cleaning and shutdown

GROUP 5 – Total Price of Proposal – Vendor is instructed to provide, on a separate line, the aggregate cost for providing features listed in Groups 1 through 4.

Scoring: 200 pts. available Calculation parameters defined below:

Example using the method above:

Company A submits Total Price of $100.00. Company B submits Total Price of $125.00.

Company A: $100.00 / $100.00 X

= 200 Pts. for Group 5 Company B: $100.00 / $125.00 X

= 160 Pts. for Group 5 Summary of Points Allocation

Group 1 Total = 120

Group 2 Total = 120

Group 3 Total = 120

Group 4 Total = 70

Group 5 Total = 200

GRAND TOTAL AVAILABLE = 630

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluators will assign a score for each evaluation criterion listed in each Group up to the maximum points available as specified. 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.

PREFERENCES

Reciprocal Preference

For evaluation purposes per OAR 125-246-0310, 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.

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.

RANKING OF PROPOSERS

After all applicable preferences have been applied, the SPC will determine the rank of each Proposal. The highest score receiving the highest rank and successive rank order determined by the next highest score.

At the conclusion of the rankings, Agency may choose to conduct additional round(s) of competition if it is in the best interest of the State. Additional rounds may consist of one or more of below:

· Interviews

· Presentations/Demonstrations/Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous negotiations

· Best and Final Offers

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

If Agency chooses to proceed with award, the award will be given 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.

5.1.2 Intent to Award Notice

Any Intent to Award will be published through OregonBuys.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

Affected Proposers have 7 calendar days from the Intent to Award notice to file a written protest.

An Affected Proposer is a Proposer which would be eligible for an award in the event the protest was successful and is protesting for one or more of the following reasons 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.

If Agency receives only one Proposal, Agency may dispense with the evaluation process, the Intent to Award protest period and proceed to Contract negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

· Be delivered to the SPC via email

· Reference the OregonBuys Proposal number

· 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 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 selected for award will be required to submit the below information or proof of compliance with the following prior to execution of award:

5.3.1 Insurance

Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B.

5.3.2 Taxpayer Identification Number

If not already provided, Proposer shall submit its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or if the backup withholding status or other relevant information of Proposer has changed since its last W-9 form submitted.

5.3.3 Business Registry

Proof the Proposer is duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

If selected for award and its valued is more than $500,000 and awardee employs 50 or more full-time workers, awardee must submit to Agency a true and correct copy of an unexpired, Pay Equity Compliance Certificate issued to the awardee 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 awardee provide this prior to execution of the Contract.

5.3.5 Nondiscrimination in Employment

As a condition of receiving an award under this RFP, Proposer must certify by its Signature on Exhibit 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.

5.3.6 Other Required Information

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Agency may enter into 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 (Exhibit A). Agency is willing to negotiate ONLY the Statement of Work and any mutually agreeable terms with the exception of those listed below:

· Choice of law

· Choice of venue

· Constitutional requirements

· Requirements of applicable Federal and State law

In the event the parties have not reached mutually agreeable terms within 21 calendar days, Agency may terminate the negotiations and commence negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 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, businesses 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/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the award has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan prior to execution.

6.2 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 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All 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.

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.

6.4 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 if 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 an award or rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with 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, and costs associated with protests.

6.6 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.

6.7 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 subsequent award. (ORS 279B.025) DAS Procurement Services, Version 4.4 July 1, 2021