OregonBuys Bid # S-44300-00008853 Page 1 of 21

STATE OF OREGON

COVER PAGE

OHA Public Health

Acute and Communicable Disease Prevention

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00008853 for

MULTIDRUG-RESISTANT ORGANISM (MDRO) RESPONSE

PHYSICIAN

Date of Issue: 12/11/2023

Opening Date and Time: 1/18/2024 @ 3:00pm

Single Point of Contact (SPC): Benjamin Coleman

Address: 500 Summer St NE, E-03 City, State, Zip Salem, OR 97301 E-mail: Benjamin.R.Coleman@odhsoha.oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

1.2 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 Agency Overview and Background

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

3.4 Price Proposal

3.5 3.5 PUBLIC RECORD/CONFIDENTIAL OR PROPRIETARY INFORMATION

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 PRE-PROPOSAL CONFERENCE

4.3 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.4 SOLICITATION PROTESTS

4.5 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 RANKING OF PROPOSERS

4.12 NEXT STEP DETERMINATION

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 CONTRACT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

6.2 CERTIFIED FIRM PARTICIPATION

6.3 GOVERNING LAWS AND REGULATIONS

6.4 OWNERSHIP/PERMISSION TO USE MATERIALS

6.5 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 PRINTING, BINDING, AND STATIONERY WORK

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LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D RESPONSIBILITY INQUIRY

ATTACHMENT E COBID CERTIFICATION / OUTREACH PLAN

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority (OHA), (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for a Multidrug- Resistant Organism (MDRO) Response Physician to provide expert consultation to the State or Oregon’s Healthcare-Associated Infections Program in healthcare epidemiology, MDRO prevention and control in healthcare settings, and MDRO-related microbiology.

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

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be 1 year with an estimated initial value of approx. $60,000 and with the option to renew up to a cumulative maximum of 10 years for a total of additional contract value funds of $600,000.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due December 22, 2023 10:00a.m.

Answers to Questions / Requests for Clarification Issued (approx.) January 2, 2024

RFP Protest Period Ends January 11, 2024 7 calendar days prior to RFP Opening

Opening (Proposal Due) January 18, 2024 3:00 p.m.

Issuance of Notice of Intent to Award (approx.) February 20, 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.

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SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR ORS 413.033.

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-247-0260 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

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

2.2.1 Contract: the contract or contracts awarded from this RFP

2.2.2 Contractor: the Proposer selected through this RFP to enter into a Contract with Agency to perform the Work described in the Scope of Work.

2.2.3 Carbapenem-resistant Enterobacterales (CRE): a gram-negative bacillus of the order Enterobacterales with resistance to one or more of the carbapenems antibiotics (doripenem, ertapenem, imipenem, or meropenem).

2.2.4 Candida auris (C. auris): a type of yeast that can cause severe illness and spreads easily among patients in healthcare facilities.

2.2.5 Carbapenemase-producing (CP): refers to the epidemiologically important mechanism of plasmid-mediated antimicrobial resistance that confers resistance to carbapenem antibiotics.

2.2.6 Carbapenemase-producing, carbapenem-resistant Pseudomonas aeruginosa (CP-CRPA): an epidemiologically important group of the pathogen Pseudomonas aeruginosa that have mobile genetic elements, such as plasmids, that can facilitate transmission of resistance genes within and between bacterial species and in turn, facilitate transmission between patients.

2.2.7 Drug Resistant Organism Prevention and Coordinated Regional Epidemiology (DROP-DRE) Network: a unique public-academic partnership whose primary objective is to detect and contain carbapenem-resistant Enterobacterales in Oregon.

2.2.8 Epidemiology & Laboratory Capacity (ELC) G1: a cooperative agreement between Centers for Disease Control & Prevention and State Health Departments, including Oregon Health Authority.

2.2.9 Healthcare-associated infection (HAI): an infection that develops in a patient/resident in a healthcare setting, and the infection is not present or incubating at the time of admission.

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2.2.10 Key Person(s): the person or persons on the Proposer’s staff, and any subcontractors, to whom Proposer will assign the Work if Proposer is awarded a Contract.

2.2.11 Long-term acute care hospital (LTACH): a healthcare setting that manages complex medical care and rehabilitation of patients with multiple acute healthcare needs.

2.2.12 Multidrug-resistant organism (MDRO): a bacterium with limited treatment options because of resistance to several classes of antibiotics.

2.2.13 Minimum inhibitory concentration (MIC): is the lowest concentration of an antibiotic that inhibits the growth of a given strain of bacteria.

2.2.14 Proposer: each individual or firm submitting a Proposal for this RFP.

2.2.15 RFP: this Request for Proposal #5800 issued by Agency for the acquisition of services from a Contractor.

2.2.16 Work: the required activities, tasks, reporting, invoicing and deliverables described in Section 2.4 Scope of Work.

2.3 AGENCY OVERVIEW AND BACKGROUND

The DROP–CRE Network, led by Oregon Health Authority’s Healthcare-Associated Infections Program, is a collaborative working group composed of representatives from Oregon health systems and public health entities. Other collaborators include representatives from Centers for Disease Control and Prevention (CDC), regional laboratories, regional hospitals, and the Oregon Association for Professionals in Infection Control (APIC).

DROP-CRE Network is a unique public health-academic collaboration whose primary mission is identification and containment of the spread of pathogens that are of public health significance due to their resistance to available antibiotics or potential for spread, including but not limited to carbapenem-resistant Enterobacteriaceae (CRE). Containment of these pathogens is achieved through surveillance, extensive case investigation, and toolkit/guideline development.

To date, highly transmissible strains of CRE remain non-endemic in Oregon.

The DROP-CRE Network has conducted surveys of laboratories, infection preventionists, and long-term care facilities and has provided education through presentations, webinars, and the Oregon CRE Toolkit (pdf). The Oregon State Public Health Laboratory has increased capacity for rapid detection through testing for carbapenemases by polymerase chain reaction (PCR), Modified Hodge Test, and Carba-NP. The network provides assistance with response to individual CRE cases and outbreaks, and the OHA Public Health Division has made CRE, carbapenem-resistant Acinetobacter, and Candida auris reportable by state law to institute ongoing surveillance.

This RFP seeks to obtain services from a physician Contractor with clinical and microbiology expertise to investigate healthcare-associated infection outbreaks and to serve as a Hospital Epidemiology Consultant to provide expert medical consultation for OHA’s Healthcare- Associated Infections (HAI) Program’s DROP-CRE Network.

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2.4 SCOPE OF WORK

The Contractor shall perform the following tasks as requested by OHA on an ongoing basis throughout the term of the Contract:

1) Provide clinical and microbiology expertise in investigating potential HAI outbreaks or outbreaks caused by antimicrobial resistant pathogens in healthcare settings.

2) Provide training and on-call support to the HAI Program MDRO Epidemiologists, MDRO Coordinator, HAI Program Manager, and other HAI Program staff regarding infectious disease response, laboratory methods for pathogen identification and characterization, and interpretation and use of antibiograms.

3) Assist with development of standard operating procedures for MDRO response.

4) Assist the Oregon State Public Health Laboratory with establishing laboratory capacity for identifying multidrug resistant organisms.

5) Serve as Lead Medical Consultant for the Drug Resistant Organism Prevention and

Coordinated Regional Epidemiology (DROP-CRE) Network.

6) Lead infection prevention and surveillance projects related to antimicrobial resistance.

7) Provide assistance in the development of educational materials and guidelines related to the prevention, identification, and control of infectious disease in the healthcare setting.

8) Contractor will complete the following milestones as part of the scope final dates will be negotiated at the time of award.

Milestone Person Responsible Start Date End Date

Provide technical assistance in investigating antibiotic resistant pathogen outbreaks in healthcare facilities

TBD Contractor TBD TBD

Provide outbreak consultation on 100% of CP-CRE cases and other high-concern antibiotic resistant organisms (e.g., CP-CRPA, C. auris)

TBD Contractor TBD TBD

Attend 10 core group DROP-CRE meetings TBD Contractor TBD TBD

Attend all Advisory DROP-CRE meetings TBD Contractor TBD TBD

In consultation with HAI Program staff, provide consultation to clinical laboratories regarding minimum inhibitory concentration (MIC) breakpoints

TBD Contractor TBD TBD

Finalize regional advisory MDRO message template TBD Contractor TBD TBD

Develop a new antibiotic-resistant organism template report

TBD Contractor TBD TBD

In consultation with HAI Program staff, author the updated Antimicrobial Resistant Threat Plan.

TBD Contractor TBD TBD

Assist HAI Program staff to update State HAI/AR plan TBD Contractor TBD TBD

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Engage LTACH and other high-risk healthcare settings regarding implementation of an MDRO (CP-CRE, C. auris) screening program

TBD Contractor

Nov 2023 Jul 2024

Reporting Requirements:

1) TBD Contractor shall collaborate with OHA to assure timely completion of CDC Epidemiology and Laboratory Capacity for Infectious Diseases (ELC) G1 requested reports and updates.

2) Contractor shall provide OHA with a mid-funding period progress report. The progress report shall contain the following items:

• Progress on milestones

• 1-2 “success stories” highlighting work since last report

• Obstacles affecting ability to meet milestones

The report will be due on the following schedule and will be submitted to OHA’s Contract Administrator. If report submission date falls within 30 days of a grant progress report due date, the grant progress report may supplant progress report. (Progress Report due: March 1, 2024).

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate and certify in the Statement of Minimum Qualifications attached to the Proposer Certification Sheet (Attachment C) and document in supporting Key Person resumes that Proposer and Proposer’s Key Persons meet all the requirements listed below:

At least one of Proposer’s Key Persons must possess all of the following minimum qualifications unless the Key Person is the Proposer.

3.1.1 Education, Training and Knowledge:

The Key Person(s) must:

• be a currently licensed Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO) with knowledge and expertise in microbiology and healthcare epidemiology; and Must hold an Oregon MD or DO, license.

3.1.2 Experience:

The Key Person(s) must possess the following minimum experience:

• 5 years experience overseeing infection prevention and control teams or efforts in Oregon hospitals. Confirmation of the 5 years of experience must be clearly evidence in submitted resume, see section 3.2.2.

• Completion of infectious disease fellowship.

3.1.3 Licensing/Registration Requirements

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Must hold an Oregon MD or DO license.

3.1.4 Reserved.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

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

• Disclosure Exemption Affidavit (Attachment B, if applicable – See Note below) *

• Proposer Information and Certification Sheet (Attachment C)

• Responsibility Inquiry (Attachment D) – submit 1 copy only

• Responses to all Requirements of Section 3.3 Proposal Requirements

*Note: Disclosure Exemption Affidavit (Attachment B) – submit 1 copy only. [Note: this Affidavit is only required if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 – 192.478). In such cases, per Section 6.3, Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.)]

3.2.2 Proposal Page Limits

Proposal is limited to 10 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)

• Responsibility Inquiry (Attachment D)

• Resumes of Key Persons (which may be included in an appendix or attachment to the

Proposal);

• Any table(s) of contents (optional); and

• Price Proposal required by Section 3.4 (Note: the Price Proposal is subject to a 1 page limit per Section 3.4).

3.2.3 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.

OregonBuys Electronic Response. Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in See:

https://oregonbuys.gov/ for electronic submission.

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

Proposer shall submit one copy of its Proposal and all other submittal https://oregonbuys.gov/

OregonBuys Bid # S-44300-00008853 Page 10 of 21 requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). 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

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

3.2.4 Authorized Representative

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

3.3 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 will 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.

3.3.1 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.

3.3.2 Technical Proposal: Key Persons’ Knowledge, Capacity and Experience:

Proposer shall describe Proposer’s Key Persons’ Knowledge, Capacity and Experience in the following areas:

3.3.2.1 Past Performance & History

Utilizing experience gained on projects of similar size and scope to of this RFP, Proposer’s shall demonstrate that Key Persons’ knowledge and expertise in microbiology and healthcare epidemiology outbreak response, and resistant organism containment precedence in Oregon, including but not limited to experience gained through working in the DROP-CRE Network with regional and statewide basis. Proposer

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3.3.2.2 Proposer must demonstrate that Key Persons’ experience working to control of antibiotic resistant pathogens on a regional and statewide basis, including but not limited to experience gained through working in the DROP-CRE Network. A minimum of two years is necessary; and

3.3.2.3 Proposer demonstrate how Key Persons’ experience coordinating input and collaboration among Oregon hospital epidemiologists and infectious disease physicians to control the spread of resistant pathogens.

3.4 PRICE PROPOSAL

Each Proposer shall attach a 1-page Price Proposal to its Proposal, stating Proposer’s fully loaded hourly rate for performing all Work described in Section 2.4 Scope of Work.

3.5 3.5 PUBLIC RECORD/CONFIDENTIAL OR PROPRIETARY INFORMATION

All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

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

SECTION 4: SOLICITATION PROCESS

4.1PUBLIC 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:

https://oregonbuys.gov/

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• Be delivered to the SPC via an OregonBuys submission;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• 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.

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 Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

4.4.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in an Addendum.

Protests to an Addenda, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Addendum or the date/time specified in the Addendum, or they will not be considered. Protests of matters not added or modified by the Addendum 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

OregonBuys Bid # S-44300-00008853 Page 13 of 21 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:

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

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• 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 D) with Proposal.

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

4.10.2 Evaluation Criteria

Proposals must provide complete, concise description of Proposer’s ability to satisfy RFP requirements. Evaluators will consider brevity and clarity of responses in scoring Proposals.

Scores are assigned by each evaluator. Points are the total possible for each section as listed in the table below.

RFP

Section

Evaluation Criterion Maximum Points Possible

3.3.2.1 • Proposer’s Key Persons’ knowledge and expertise in microbiology and healthcare epidemiology outbreak response, and resistant organism containment precedence in Oregon, including but not limited to experience gained through working in the DROP-CRE Network.

3.3.2.2 • Proposer’s Key Persons’ experience working to control of antibiotic resistant pathogens on a

OregonBuys Bid # S-44300-00008853 Page 15 of 21 regional and statewide basis, including but not limited to experience gained through working in the DROP-CRE Network.

3.3.2.3 • Proposer’s Key Persons’ experience coordinating input and collaboration among Oregon hospital epidemiologists and infectious disease physicians to control the spread of resistant pathogens.

3.3.2.4 • Price Proposal 20

Total 100

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 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

4.10.3 PRICE EVALUATION Maximum Score: 20 Points)

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 X price points possible = price score price being scored

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.

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.

https://www.naspo.org/reciprocity1

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4.11 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members).

Agency will rank all Proposers at the conclusion of the evaluation and scoring and 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.

The SPC will combine the average Technical Proposal score for each Proposal per Section 4.10.2 with Proposer’s Cost Proposal score per Section 4.10.3. After any applicable preference has been applied, SPC 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.

4.12 NEXT STEP DETERMINATION

Agency may choose to conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

• Establishing a Competitive Range

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Proposers describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest-ranking Responsible Proposer; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

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.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

OregonBuys Bid # S-44300-00008853 Page 17 of 21

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.

• 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:

OregonBuys Bid # S-44300-00008853 Page 18 of 21

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.

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

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 http://sos.oregon.gov/business/pages/register.aspx https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

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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

• Constitutional requirements

• All 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 F) prior to execution.

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

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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 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 submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

6.7 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.

6.8 RECYCLABLE PRODUCTS

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

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6.9 PRINTING, BINDING, AND STATIONERY WORK

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.

RFP 5800

AttA

Attachment A: Sample Contract

RFP #5800

NOTE TO PROPOSERS:

DO NOT SUBMIT THIS SAMPLE CONTRACT FORM WITH YOUR PROPOSAL.

Contract Number 000000

STATE OF OREGON

PERSONAL/PROFESSIONAL SERVICES CONTRACT

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Contract Administrator at the contact information found below. We accept all relay calls.

This Contract is between the State of Oregon, acting by and through its Oregon Health Authority, hereinafter referred to as “OHA,” and

Contractor d.b.a. Facility or Assumed Name

Address Address

Attention: (required) Telephone: (required)

Fax: (optional) E-mail address: (required) hereinafter referred to as “Contractor.”

Work to be performed under this Contract relates principally to OHA’s

(Fill in with name of Office, Program, etc.)

(Insert address)

(Insert city, state, zip) Contract Administrator: (Insert Name) or delegate

Telephone: (Required) E-mail address: (Required)

Recitals (not standard practice but available as an option)

RFP 5800/BRC Page 2 of 37 OHA PSK (reviewed by DOJ 1/3/2019) Updated: 5/10/2023

1. Effective Date and Duration. This Contract shall become effective on the later of: (I) the last date all required signatures in Section 6., below have been obtained, or (II) [insert start date] provided it is (i) signed by all parties on or before such date, and (ii) when required, approved in writing by the Oregon Department of Justice on or before such date, and (iii) when required, approved in writing by the Oregon Department of Administrative Services. Unless extended or terminated earlier in accordance with its terms, this Contract shall expire on [insert end date]. Contract termination shall not extinguish or prejudice OHA’s right to enforce this Contract with respect to any default by Contractor that has not been cured.

2. Contract Documents.

a. This Contract consists of this document and includes the following listed exhibits which are incorporated into this Contract:

(1) Exhibit A, Part 1: Statement of Work

(2) Exhibit A, Part 2: Payment and Financial Reporting

(3) Exhibit A, Part 3: Special Provisions

(4) Exhibit B: Standard Terms and Conditions

(5) Exhibit C: Insurance Requirements

(6) Exhibit D: Federal Terms and Conditions

(7) Exhibit E: Subcontractor Provisions

(8) Exhibit F: Information Required by 2 CFR 200.332(a)(1) There are no other contract documents unless specifically referenced and incorporated into this Contract.

b. This Contract and the documents listed in Section 2., “Contract Documents”, Subsection a. above, shall be in the following descending order of precedence:

this Contract less all exhibits, Exhibits D, B, A, C, E, and F.

3. Consideration.

a. The maximum, not-to-exceed compensation payable to Contractor under this

Contract, which includes any allowable expenses, is $________. OHA will not pay Contractor any amount in excess of the not-to-exceed compensation of this Contract for completing the Work, and will not pay for Work performed before the date this Contract becomes effective or after the termination or expiration of this Contract. If the maximum compensation is increased by amendment of this Contract, the amendment must be fully effective before Contractor performs Work subject to the amendment.

b. Payments to Contractor shall be subject to ORS 293.462, and shall be made in accordance with the payment schedule and requirements in Exhibit A, Part 2., “Payment and Financial Reporting.”

c. OHA will only pay for completed Work under this Contract. For purposes of this Contract, “Work” means the tasks or services and deliverables accepted by OHA as described in Exhibit A, Part 1, “Statement of Work.”

4. Contractor or Subrecipient Determination. In accordance with the State Controller’s Oregon Accounting Manual, policy 30.40.00.104, OHA’s determination is that:

RFP 5800/BRC Page 3 of 37

Contractor is a subrecipient Contractor is a contractor Not applicable Catalog of Federal Domestic Assistance (CFDA) #(s) of federal funds to be paid through this Contract: 93.232

RFP 5800/BRC Page 4 of 37

5. Contractor Information and Certification.

a. Contractor Information. This information is requested pursuant to ORS

305.385.

PLEASE PRINT OR TYPE THE FOLLOWING INFORMATION

Contractor Name (exactly as filed with the IRS):

Street address:

City, state, zip code:

Email address:

Telephone: ( ) Fax: ( )

Is Contractor a nonresident alien, as defined in 26 U.S.C. § 7701(b)(1), a foreign person, or a foreign entity? (Check one box): YES NO Business Designation. (Check one box):

Professional Corporation Nonprofit Corporation Limited Partnership Limited Liability Company Limited Liability Partnership Sole Proprietorship Corporation Partnership Other

Contractor Proof of Insurance. Contractor shall provide the following information upon submission of the signed Contract. All insurance listed herein and required by Exhibit C must be in effect prior to Contract execution.

If Contractor is self-insured for any of the Insurance Requirements specified in Exhibit C of this Contract,…