RFP 5758 final~1.pdf

RFP # 5758, TOBACCO PREVENTION GOVERNANCE GROUP IMPLEMENTATION & FACILITATION SERVICES

STATE OF OREGON

COVER PAGE

OREGON HEALTH AUTHORITY

PUBLIC HEALTH DIVISION

Request For Proposals (RFP)

OregonBuys Bid Number S-44300-00009782 for

TOBACCO PREVENTION GOVERNANCE GROUP

IMPLEMENTATION & FACILITATION SERVICES

Date of Issue: March 15, 2024

Opening Date & Time (Proposals Due): 5pm on April 16, 2024

Single Point of Contact (SPC): Stephanie Morgan, Procurement Contract Specialist Phone (voice): (971) 283-6279 E-mail: stephanie.b.morgan@dhsoha.state.or.us

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.

RFP # 5758, TOBACCO PREVENTION GOVERNANCE GROUP IMPLEMENTATION & FACILITATION SERVICES

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 SCHEDULE

1.3 SINGLE POINT OF CONTACT (SPC)

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

2.2 DEFINITION OF TERMS

2.3 OVERVIEW AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.2 TECHNICAL PROPOSAL REQUIREMENTS

3.3 PRICE PRPOSAL

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 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.15 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

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 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

6.8 PRINTING, BINDING, AND STATIONERY WORK

6.9 CHECKLIST DISCLAIMER

DAS Procurement Services, Version 4.5 March 31, 2023 OregonBuys Bid Number S-44300-00009782 Page 3 of 23

RFP # 5758

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT E F RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority, (“OHA or Agency”), is issuing this Request for Proposals to seek proposals from qualified Contractors to provide facilitation support for the implementation of a shared governance body for the Oregon Tobacco Prevention and Education Program (TPEP). A Contractor awarded a contract resulting of this RFP will begin in June 2024 to support the recruitment and selection of a Governance Group (“Group”) members based on recommendations from TPEP Ambassadors (defined below).

Once recruited, the Group will convene 2-4 times virtually for approximately 1.5 hours each meeting, or based on the needs of the Group. The meetings will engage participants in consensus- driven, collaborative decision-making around program improvement, program strategies, policy development and budget for TPEP.

The Governance Group will bring together individuals from community-based organizations, Local Public Health Authorities, Regional Health Equity Coalitions, and national advocacy groups who have experience with commercial tobacco prevention and its root causes.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section below.

OHA anticipates the award of one Contract for this Solicitation. The initial term of the Contract is anticipated to be 12 months from the date of the contract award (June 2024), with options to renew up to five (5) years.

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1.2 SCHEDULE

The table below represents a tentative schedule of events. All times in this RFP are listed in Pacific Time. All dates listed are subject to change.

Event Date Time

Questions / Requests for Clarification Due March 21, 2024 11am

Answers to Questions / Requests for Clarification Issued (approx.) March 26, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposals Due) See RFP cover page

Public Opening of Proposal April 17, 2024

Issuance of Notice of Intent to Award (approx.) May 30, 2024

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

1.3 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 any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 413.033.

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

Terminology specific to the OregonBuys system may be found at:

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

https://www.oregon.gov/das/ORBuys/Documents/Phase1TerminologyCrosswalk.pdf

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1.2.1 General Definitions

• Contract means the Contract awarded as a result of this RFP.

• Contractor means the Proposer selected through this RFP to enter into a Contract with

OHA to perform the Work.

• Key Person or Key Personnel means the person or persons on Proposer’s staff who are essential for the Work to be performed under the Contract.

• Office of Contracts and Procurement (“OC&P”) means the entity that is responsible for the procurement process for OHA.

• Proposal means a written response submitted to OC&P in response to this RFP.

• Proposer means the person or entity that submits a Proposal.

• RFP means Request for Proposal.

• Work means the required activities, tasks, deliverables, reporting and invoicing requirements, as described in Section 1.3.3 Purpose/Scope of Work of this RFP.

1.2.2 Project Specific Terminology

• “Ambassador Group” – A monthly convening of eight individuals representing county government, advocacy organizations, and community-based organizations, with the aim to develop recommendations for a model of shared governance for Oregon’s TPEP. Ambassadors have been pre-selected and recruited by OHA and began meeting monthly in September 2023 with meetings facilitated by OHA.

Ambassadors are tasked with developing a scope of work, recruitment and selection criteria and timeline for the implementation of the eventual Governance Group.

• “Shared Governance Model” – Proposed structure for decision-making that incorporates perspectives and opinions of diverse partners in Oregon’s commercial tobacco prevention system.

• “Principals of engagement” - Principals, developed in collaboration with Governance Group participants, that serve as the blueprint for trust and sustainability across partnerships, ensuring that collaboratively identified goals are achieved in ways that are equitable and inclusive for all partners.

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

OHA is Oregon’s principal agency for helping Oregonians achieve well-being and independence through opportunities that protect, empower, respect choice, and preserve dignity, especially for those who are least able to help themselves.

OHA provides direct services to more than 1 million Oregonians each year. These services provide a key safety net for those in our society who are most vulnerable or who are at a difficult place in their life. OHA’s goal is the elimination of health inequities by 2030.

Vision: Safety, health, and independence for all Oregonians.

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

Goals:

• People are safe and living as independently as possible.

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

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

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

• Partners, clients, and stakeholders are actively engaged in a variety of collaborative and meaningful ways.

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

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

Oregonians.

2.3.2 Project Overview and Background

Oregon Tobacco Prevention & Education Program:

The Oregon Tobacco Prevention and Education Program (TPEP) is administered by the Health Promotion and Chronic Disease Prevention (HPCDP) section of the Oregon Health Authority’s Public Health Division.

TPEP works with partners statewide to prevent commercial tobacco use, support people who use tobacco to quit, promote smoke-free environments and communities, reduce the influence of tobacco industry marketing, and address the root causes of commercial tobacco use inequities. OHA provides grant funding to local public health authorities, federally recognized tribes, Regional Health Equity Coalitions, and community-based organizations for local, culturally specific prevention and cessation efforts. In addition to grant administration, the state TPEP consists of staff with expertise in policy analysis, strategic communications, and data collection and evaluation, and provides training and technical assistance to TPEP grantees statewide.

Commercial Tobacco Prevention Program Governance Group:

Currently, Oregon’s TPEP has two governance (decision-making) bodies that inform how tobacco tax revenues should be allocated for commercial tobacco prevention and cessation: the Tobacco Reduction Advisory Committee (TRAC) and the Community-Based Organization (CBO) Advisory Group. TRAC is comprised of state agencies, health associations, the Conference of Local Health Officials (CLHO) and national advocacy organizations. The CBO Advisory Group is comprised of 21 CBOs and regional health equity coalitions (RHECs). Between September 2023 and June 2024, HPCDP will convene a group of eight “Ambassadors” representing county government, advocacy organizations, and CBOs to develop recommendations for a shared

OregonBuys Bid Number S-44300-00009782 Page 7 of 23 model of governance. OHA seeks a contractor to support the implementation of Ambassador recommendations for a shared governance structure and ongoing facilitation of the new Governance Group.

2.3.3 Purpose

The Contractor will use recommendations from the TPEP Ambassadors around intended scope of work, membership criteria and recruitment and timeline in order to implement the proposed shared governance model. The Contractor will facilitate collective decision-making in the new Governance Group, equitably integrating opinions and perspectives from all participating partners in Oregon’s commercial tobacco prevention system. The Contractor will ensure Group members have an equal voice, that decisions are made inclusively and communicated transparently, and that the program budget and policy priorities and strategies recommended by the Governance Group represent the full spectrum of prevention, including addressing the root causes of commercial tobacco use.

During the first month, the Contractor will support the recruitment and selection of Governance Group participants, including but not limited to, drafting communication and scoring materials in collaboration with OHA. Recruitment and selection will be based on criteria and recommendations developed by TPEP Ambassadors. OHA will determine the final selection of Governance Group members, with support and input from TPEP Ambassadors and the Contractor.

In the second month, the Contractor will begin facilitating the Governance Group and assist with the co-creation of a Shared Purpose Statement and Principals of Engagement. By the end of the Contract, there will be an active Governance Group that meets regularly and is integrated into OHA’s internal processes for managing Oregon's TPEP, including participating in legislative concept development, budget allocation and program improvement.

OHA anticipates that the initial term of the Contract will be June 2024 – June 2025 (12 months), with the option to renew the Contract up to five (5) years. The maximum not-to-exceed compensation of the Contract over five years will be $300,000.

2.4 SCOPE OF WORK (SOW)/SPECIFICATIONS

2.4.1 Virtual Governance Group Implementation Support

Contractor shall:

a. Meet virtually with OHA for Contract initial kick-off meeting within one (1) week of Contract award.

b. Review Ambassador Group recommendations and background materials provided by OHA, and collaborate with OHA and Ambassador Group to support the transition from Ambassador recommendations to implementation of a shared Governance model.

Ambassadors will provide recommendations relating to suggested Governance Group activities, membership criteria and timeline.

c. Meet virtually with OHA for strategic coordination and planning as-needed.

d. Create FAQ document outlining the details of the future Governance Group for interested participants, including membership criteria, scope of work and implementation timeline.

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e. Support the recruitment and selection of 8-20 Governance Group participants within 30 days of Contract award to be approved by OHA, including:

1) Develop Group membership criteria;

2) Develop communications materials (e.g., emails, PowerPoint slides, fact sheets, FAQ document) for interested applicants to learn more about Governance Group opportunity;

3) Develop scoring materials (e.g., scoring rubric, platform to enter scores) in collaboration with OHA;

4) Utilize Governance Group member selection process materials to schedule interviews with candidates;

5) Convene Ambassador Group for input on who should be selected;

6) Identify Group with approval from OHA;

7) Notify Group members whom OHA has approved.

2.4.2 Virtual Governance Group Convening

a. Meet virtually monthly with OHA for strategic coordination and planning.

b. Convene and facilitate virtual Governance Group meetings (1.5 hours, 2-4 meetings annually depending on need identified by Governance Group).

c. Facilitate co-creation of Shared Purpose Statement with OHA and Governance Group within

60 days of first Governance Group convening.

d. Facilitate co-creation of Principles of Engagement with OHA and Governance Group within

60 days of first Governance Group convening.

e. Take comprehensive notes and operate meeting platform technology (e.g., Zoom) during governance group meetings.

f. Collaborate with OHA to develop and distribute materials to Group members in advance of meetings (e.g., agenda, past meeting notes, PowerPoint slides).

g. Collaborate with OHA to develop and distribute post-meeting materials (e.g., meeting notes, meeting slides and shared resources) to Group members.

h. Work with OHA to ensure meeting notes, resources, and recordings (open to public) are regularly uploaded to web platform within 2 weeks of each Group meeting.

i. Determine whether existing Governance Group web platform (Social Press Kit - Link) is sufficient or if a new web platform is recommended by the Contractor to house the Governance Group materials. Contractor shall provide and maintain the new the web platform if it is determined a new web platform is needed.

j. Develop and distribute feedback survey to Governance Group members immediately following last group meeting of the year, and analyze and report results to OHA Project Lead within 2 weeks of survey administration

k. Distribute minimum stipend of $166 per each Group meeting to qualified Group members and reimburse expenses in accordance with ORS 292.495 and House Bill (HB) 2992.

Contractor shall reimburse expenses to non-qualified members pursuant to ORS 292.495(2).

https://socialpresskit.com/tobacco-tax-allocation-advisory-group

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2.4.3 Deliverables

Deliverables must be submitted to the satisfaction of OHA to receive OHA Acceptance.

SOW

Section Deliverable Submit to OHA Deadline

2.4.1c FAQ Document Within 30 days of contract award

2.4.1(d)(1) Group Membership Criteria Within 30 days of contract award

2.4.1(d)(2) Communications materials Within 30 days of contract award

2.4.1(d)(3) Scoring materials Within 30 days of contract award

2.4.1(d)(6) Group member recommendations Within 30 days of contract award

2.4.2b Shared Purpose Statement Within 60 days of contract award

2.4.2c Principals of Engagement Within 60 days of contract award

2.4.2e Group meeting notes Within a week following each meeting

2.4.2j Feedback survey Draft due to OHA 3 weeks prior to final Group meeting

2.4.2j Feedback survey analysis Within 2 weeks of survey administration to Group

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

• Cover Letter

• Technical Proposal

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal

• COBID Certification / Outreach Plan (Attachment D)

• Responsibility Inquiry (Attachment E)

• Resumes

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3.1.2 Proposal Page Limits

Proposal is limited to 20 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Price Proposal

• COBID Certification / Outreach Plan (Attachment D)

• Responsibility Inquiry (Attachment E)

• Resumes

3.1.3 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Attachments uploaded to Oregonbuys must not be named using any special characters.

OregonBuys Electronic Response. Proposer must submit its Proposal electronically through OregonBuys in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

Attachment C, Proposer Information and Certification Sheet, must be submitted bearing the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B).

Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

3.1.4 Authorized Representative

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

3.2 TECHNICAL PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

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. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

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3.2.1 Cover Letter (1 page maximum)

A cover letter shall accompany the proposal to set forth any information that the Proposer wishes to bring to the attention of OHA. The cover letter shall stipulate that the Proposers’ proposal is predicated upon all the terms and conditions of this RFP. In addition, it must contain a statement that the Proposers’ proposal acceptance period is valid for at least 120 calendar days from the date of receipt by OHA. Cover Letter shall also include the following:

• Identify the Contact person for the Proposer’s proposal

• Provide the Contact person’s address, phone number, and e-mail address

• Signature of an authorized representative of the Offeror’s organization.

3.2.2 Project Understanding and Experience

a. Provide a written narrative describing the Proposers' understanding of the technical components of the requirements, awareness of the scope of services to be provided, and experience providing the same or similar services to that of what is required of the Scope of Work services.

b. Describe your experience working on previous or ongoing projects related to complex, consensus-oriented decision-making with diverse partners.

c. Describe experience, communication, and organizational strengths related to engaging diverse stakeholders.

d. Discuss specific contracts you have worked on that resulted in systems changes, including success stories and challenges faced and how you handled those challenges. Include examples of working within historical, cultural and social power imbalances and how these inequities were addressed.

e. Proposer will describe its experience practicing culturally competent facilitation that values diversity; experience practicing self-assessment;

managing the dynamics of difference; acquiring and institutionalizing cultural knowledge; guiding healthy conflict resolution; and adapting to diversity and the cultural contexts of members of a group which the Proposer is facilitating currently or has facilitated in the past.

3.2.3 Technical Approach to Project Implementation

a. Describe the step-by-step methods Proposer will take to implement this project and continue to carry-out the Work from cradle-to-grave, describing how Proposer would perform and complete the major activities of this project in context with the Scope of Work.

b. Provide a milestone plan for recruitment of Group members.

c. Describe a plan to determine Group member candidates to be either qualified or non-qualified under HB 2992.

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d. Describe personnel proposed to carry-out each activity set forth in the Scope of Work and their relationships. Describe the level of effort each candidate will devote to this project.

3.2.4 References

a. Proposers responding to this solicitation shall provide a list of three (3) previous contract references for which the offeror successfully and satisfactorily provided identical or similar work as the prime contractor within the last ten (5) years.

b. References information must include the following criteria listed below.

Information provided must be up-to-date to include the contact person name, telephone, and email address.

• Name of the parties

• Title of the project

• Contract number

• Aggregate dollar amount of contract

• Period of performance

• Contact person of the other party’s name, title, telephone number and email

• Describe how the current or past contracts identify your ability to perform the required effort successfully under this RFP/Contract.

• Indicate any involvement of proposed Key Personnel with any of the contracts referenced.

c. The OHA reserves the right to contact references regarding past performance experience to validate quality of the work performed and relevancy of the past performance as it may relate to the nature of the SOW for this solicitation.

3.2.5 Key Persons and Resumes

Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience related to the Work described in this RFP. Resumes of each individual must include their education, chronological history of employment, and relevant licenses and certifications. OHA maintains the right to contact any issuer listed or to contact any educational institution listed to verify information provided.

3.3 PRICE PROPOSAL

a. Submit a detailed Price Proposal electronically through OregonBuys, that includes identifiable itemized unit rates for all work contained in the Scope of Work, and a summary of all proposed costs. Price Proposal should be a separate attachment submission in Oregonbuys.

b. The Price Proposal must include separate line items for personnel, travel, supplies, other costs, and administrative and overhead charges. The proposal must show the proposed overall fixed price and all elements that make-up the total fixed price.

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c. Pursuant to Section 2.4.2i, the Price Proposal must also incorporate two separate price options; one price for the Contractor to maintain the existing web platform; and a separate pricing option if it is determined the Contractor will procure and provide and maintain an entirely new web platform.

d. This is a fixed price contract. OHA will not reimburse Contractor for Group member expenses related to HB 2992 or ORS 292.495. Proposer’s Price Proposal must reflect pricing required to pay AC members according to HB 2992.

3.4 PROPOSER INFORMATION AND CERTIFICATION SHEET

Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

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/. 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 or not 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 not be held for this RFP.

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 delivered to the SPC via email;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• 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 in Section 1.2.

https://oregonbuys.gov/

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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 and Proposer may take exception to the terms and conditions of the Sample Contract marked as negotiable as set forth in the Negotiations Section.

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 delivered to the SPC via email;

• Reference the OregonBuys bid 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, 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 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:

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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

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 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, , or hard copy prior to the Opening in accordance with OAR 125-247-0440. 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 Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation.

A late Proposal will be returned to the Proposer or destroyed.

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and in the manner stated on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

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 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

OregonBuys Bid Number S-44300-00009782 Page 16 of 23 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 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 125-247-0470.

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 E) with Proposal.

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

4.10.2 Technical Evaluation

Each Proposal meeting all Responsiveness requirements will be 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. Evaluators will assign a score for each evaluation criterion listed below in this Section.

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.

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TECHNICAL EVALUATION CRITERIA Maximum Weight Possible

Project Understanding and Experience

Proposer's responses to Section 3.2.2 of this RFP demonstrate a clear knowledge, experience, and understanding of the Work required for this procurement under Section 2.4, Scope of Work/Specifications.

Technical Approach to Project Implementation Proposer's responses to Section 3.2.3 of this RFP demonstrate creativity, innovation, organization, planning, and clearly articulates “how” the Scope of Work services will be performed. Degree to which Proposer’s technical solution to implementation of this project and to carrying-out the Work seems feasible and advantageous to OHA.

References Agency will assess references with a focus on information that demonstrates quality and relevancy of the performance. Relevant work would be work that involves/involved work that is similar in nature, effort, and complexity to that of what this solicitation requires.

Key Persons and Resumes Resume(s) demonstrates confidence in the candidate's ability to perform the work required of this RFP. 15

4.10.3 PRICE 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 as compared to the lowest Proposer’s price using the following formula:

Lowest price of all proposers Price points Price Price being scored X possible = score

4.10.4 PREFERENCES

4.10.4.1 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.

4.10.4.2 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.

https://www.naspo.org/reciprocity1

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4.10.4.3 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 POINT AND SCORE CALCULATIONS

Points are the total possible for each section as listed in the table below.

TECHNICAL EVALUATION CRITERIA

Maximum

Weight Possible

Project Understanding and Experience 20 Technical Approach to Project Implementation 25

References 20 Key Persons and Resumes 15 Price 20

Total: 100

4.12 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price 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 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.

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

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• Best and Final Offers

4.12.1 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.

4.13 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

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.

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

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

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract 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.

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• 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 and Intent to Award protest period and proceed with Contract Negotiations and award.

5.2.1.1 Protest Requirements

Protests must:

• Be delivered to the SPC via email;

• Reference the OregonBuys bid 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(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 award, Proposer shall secure and demonstrate to Agency proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit C of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

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. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

http://sos.oregon.gov/business/pages/register.aspx

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5.3.4 Pay Equity Certification

If selected for award and the Contract value exceeds $500,000 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 into 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), with the exception of 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 1.2.

If Agency agrees to make any requested changes to the Sample 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 into 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 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.

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

• Choice of law

• Choice of venue https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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• 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, 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/VendorSearchPublic.asp?XID=6787&TN= oregon4biz

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

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 6.2 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.

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

OregonBuys Bid Number S-44300-00009782 Page 23 of 23 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.

6.5 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 award, or the rejection of any Proposal.

6.6 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…