RFP 5905 final~1.pdf

STATE OF OREGON

COVER PAGE

Oregon Health Authority Is issuing this Intermediate Procurement under

RFP 5905: PUBLIC HEALTH IMMUNIZATION

TECHNICAL AND FINANCIAL SERVICES STAFFING

(OregonBuys Bid # S-44300-00009638)

Date of Issue: March 5, 2024 Opening Date and Time (Proposal Due Date):

March 25, 2024 at 3:00 PM (Pacific Time)

OregonBuys Electronic Response. Per RFP Sections 3.2.3 and 4.5 below, Proposer must submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined on this page for electronic submission:

How to electronically respond to a Bid in OregonBuys.

Note: The Public Opening described in Section 4.8, to provide the name of each Proposer, will be completed by posting an Amendment to OregonBuys Bid Number S-44300-00008079.

Single Point of Contact (“SPC”): John F. Gardner, Procurement & Contract Specialist

Address: 800 NE Oregon Street, Suite 640

City, State, Zip Portland, OR 97232

Phone (voice) 503-509-5698

E-mail: john.f.gardner@odhsoha.oregon.gov https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf mailto:john.f.gardner@odhsoha.oregon.gov

RFP 5905: Public Health Immunization Technical and Financial Services Staffing (OregonBuys Bid # S-44300-00009638)

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IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, THIS DOCUMENT IS

AVAILABLE IN ALTERNATE FORMATS SUCH AS BRAILLE, LARGE PRINT, AUDIO RECORDINGS,

WEB-BASED COMMUNICATIONS AND OTHER ELECTRONIC FORMATS. TO REQUEST AN

ALTERNATE FORMAT, PLEASE SEND AN E-MAIL TO OHA AT

OHA.PUBLICATIONREQUEST@STATE.OR.US OR CALL 503-378-3486 (VOICE) OR 503-378-3523

(TTY) TO ARRANGE FOR THE ALTERNATIVE FORMAT.

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

TABLE OF CONTENTS

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 QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL CONTENT REQUIREMENTS

SECTION 4: PROCUREMENT AND EVALUATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUEST FOR CLARIFICATIONS

4.3 PRE-PROPOSAL CONFERENCE

4.4 [Reserved]

4.5 PROPOSAL SUBMISSION

4.6 MODIFICATION OF WITHDRAWAL OF PROPOSALS

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING DATE

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 NEXT STEP DETERMINATION

4.12 RANKING OF PROPOSERS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3 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

mailto:OHA.PUBLICATIONREQUEST@STATE.OR.US

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6.6 COST OF SUBMITTING A PROPOSAL

6.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.8 RECYCLABLE PRODUCTS

6.9 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

The following attachments are posted as separate files in the Attachments for OregonBuys Bid # S-44300- 00009638.

ATTACHMENT A - SAMPLE CONTRACT

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D - PRICE PROPOSAL FORM

ATTACHMENT E - COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT F - RESPONSIBILITY INQUIRY

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority, Public Health Division (“Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 to obtain technical and financial services staffing to support Agency’s Oregon Immunization Program as detailed below.

See additional information in Section 2.3 Overview and details on the scope of the services in Section 2.4 Scope of Work below.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be 6 months (approximately April 15, 2024 through October15, 2024) with options to renew up to a cumulative maximum term of 5 years.

Agency estimates that the maximum initial not-to-exceed amount for the Contract will be $102,000. Agency reserves the options to amend the Contract to add additional compensation to the initial Contract not-to-exceed amount as necessary to extend Contractor’s performance of the Work described in Section 2.4 Scope of Work, to cover future time extensions of the Contract term, and to add additional phases of the Work, subject to additional funding being available and as permitted by with Attachment A Sample Contract, Exhibit A, Part 3 – Special Provisions, Section 2. Amendments.

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 March 11, 2024

5:00 PM

(Pacific Time)

Answers to Questions / Requests for Clarification Issued (approx.)

March 12, 2024

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening (Proposal Due) See RFP cover page

Issuance of Notice of Intent to Award (approx.) April 1, 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

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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 413.033.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 137-047-0270

2.2 DEFINITION OF TERMS

For purposes of this RFP and the resulting Contract, the terms below shall have the following meanings:

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

• Contractor means the Proposer selected through this RFP with whom Agency enters into a Contract to perform the Work.

• Key Personnel or Key Persons means the person or persons on Proposer’s staff to be assigned to perform the Work under the Contract, including any proposed subcontractors. For Key Persons not identified prior to Proposal submission, a position description must be submitted.

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

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

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

• RFP means Request for Proposal.

• Services or Work means the required activities, tasks, deliverables, reporting and invoicing requirements, as described in Section 2.4 Scope of Work of this RFP.

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2.3 OVERVIEW AND PURPOSE

2.3.1 Project Overview and Background

In 2020, the Oregon Health Authority (“Agency”) began its response to the COVID-19 pandemic. In the following years, Agency was granted significant funding to aid in Oregon’s response and recovery work. Public health programs, such as the Oregon Immunization Program (OIP) and others, made use of an emergency staffing contract to meet urgent essential personnel needs. While the need for that limited staffing work has decreased for some of Agency’s Public Health Programs, the OIP continues to require a Contractor to provide short-term staffing services to meet OIP needs as detailed in Section 2.4 Scope of Work.

OIP’s routine work continues to include technical assistance, operations and policy analyses, and support to local public health authorities, tribal agencies, community-based organizations and others with outreach and integration work re: COVID and other routinely recommended vaccines, and related financial services. OIP does not currently have employees to perform the required services. Therefore, OIP expects to need temporary staffing through at least mid- 2025.

2.3.2 Purpose

Agency seeks Contractor services to perform highly technical services and financial services to support Agency’s immunization services activities. A total of $102,000 is available to support two full time equivalent (FTE) Contractors during an initial term of six months, from approximately April 15, 2024 through October15, 2024. As stated above, Agency reserves the option to amend the Contract to add additional compensation to the initial Contract not-to-exceed amount as necessary to extend Contractor’s performance of the Work described in Section 2.4 Scope of Work and to cover future time extensions of the Contract term, subject to additional funding being available, and to add additional phases of the Work, subject to additional funding being available and as permitted by with Attachment A Sample Contract, Exhibit A, Part 3 – Special Provisions, Section 2. Amendments.

2.4 SCOPE OF WORK/SPECIFICATIONS

Contractor shall provide the following services to OHA through the Key Persons listed below:

2.4.1 Fiscal Analyst Payroll Budget Analyst Field Services:

Contractor shall work with Agency’s fiscal team and lead work on payroll reconciliation and grant budgeting activities including adjustments for Agency’s Immunization Program. Agency will provide an approved position description with required competencies to include but not limited to expert level experience with government payroll guidance, rules and practices.

2.4.2 Operations and Policy Analyst Informatician Field Services:

Contractor shall monitor and improve data quality in Agency’s Immunization Information Systems (IIS) by developing and implementing preventive and corrective strategies to improve the quality and completeness of incoming and outgoing data, and by providing technical assistance to Agency partners who submit or utilize IIS data .

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Agency will provide an approved position description with required competencies to include but not limited to expert level experience with data quality, data governance and immunization information systems.

2.4.3 Contractor shall:

• Employ Key Persons and compensate the Key Persons for hours worked providing Services under the contract; and

• Maintain relevant, required documentation for employed and contracted Key Persons such as an I-9 form, W-4 form, and photo identification and provide copies of such documentation to the OHA Contract Administrator listed on Page 1 of the Contract. .

2.4.4 Key Person Competency Documentation.

Except where prohibited by law, Contractor shall maintain on file or contractually require its employees and other personnel who are Key Persons performing services under this Agreement to maintain on file Competency Documentation for each Key Person.

"Competency Documentation" includes primary source verification of educational degrees and criminal background checks, as applicable for Key Person positions as required in the Attachment A, Sample Contract, Exhibit A, Part 3 Special Provisions .

• Contractor may provide attestations that Competency Documentation is maintained in Contractor's personnel files in lieu of copies of such documents, including, but not limited to criminal background checks, to the extent consistent with applicable laws.

All OHA requests for additional documentation must be made in writing, but Contractor shall not be obligated to provide such additional documentation, provided that Contractor instead provides an attestation. OHA also agrees that for some positions, the Parties may mutually agree to waive certain Competency Documentation requirements and such waivers may be made in writing, including through electronic mail.

• Contractor shall provide all Competency Documentation to 3rd Party Facilities as requested by such Facilities, except as may be prohibited by appliable federal, state, or local laws.

2.11.2 Nondisclosure of Contractor Personnel Documentation and Information.

OHA agrees to treat all Competency Documentation and other information relating to all Contractor Personnel, including Key Persons, as Confidential Non-Client Information and subject to nondisclosure as set forth in Section 1. b. (3) Nondisclosure of Exhibit A, Part 3 of Attachment C - Sample Contract. OHA also agrees to comply with all applicable laws governing the use and handling of personnel files and backgrounds checks, including, but not limited to, the federal Fair Credit Reporting Act, as well as any other applicable federal, state, or local laws.

Note: re Unsatisfactory Performance For Key Persons providing services to OHA, OHA shall notify the designated Contractor representative immediately and provide written documentation (incident report) of any unsatisfactory performance or conduct of any Key Persons. Upon OHA’s written request, Contractor agrees to end Key Person roles in cases of

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SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must certify in the Statement of Minimum Qualifications attached to Attachment C: Proposer Information and Certification Sheet, that Proposer meet(s) the following requirements:

• At least one of Proposer’s Key Persons must have a minimum of 1 year of experience providing technical and financial services staffing support to one or more state health agencies.

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):

• Responses to all Section 3.3 Proposal Content Requirements

• Disclosure Exemption Affidavit (Attachment B) if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

• Proposer Information and Certification Sheet (Attachment C) including a Statement of Minimum Qualifications and the Key Person(s) supporting resume(s) verifying that each of Proposer’s Key Person(s) meet the requirements of Section 3.1

• Price Proposal Form (Attachment D)

• Responsibility Inquiry (Attachment F)

3.2.2 Proposal Page Limits

There are no page limits on Proposals for this RFP.

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.

Mandatory OregonBuys Electronic Response. As stated in Section 4. 5 Proposal Submission below, Proposer must submit its Proposal electronically through OregonBuys.

Proposer should follow the procedures outlined on this page for electronic submission:

How to electronically respond to a Bid in OregonBuys.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with 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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Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in Adobe Acrobat (pdf) format.

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 in Exhibit A to Attachment B.

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 CONTENT REQUIREMENTS

Proposer must address each of the items listed in this section and all other requirements set forth in this RFP. A Proposal that merely offers to provide the services described in this RFP will be considered non-Responsive to this RFP and will not be considered further.

Proposals 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. Proposals should be straightforward and address the requests of the RFP. Proposals 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) including the attached Statement of Minimum Qualifications verifying that Proposer meets the requirements of Section 3.1.

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 Requirements:

3.3.2.1 Organizational Capacity and Support to Key Persons

(Maximum Score: 20 points)

Describe the Proposer’s organizational capacity to provide technical and financial services to Agency as described in Section 2.4 Scope of Work. Describe support to be provided to Key Staff, including but not limited to salary, benefits package, vacation/paid time off/sick leave or equivalent, staff supervision, human resources support, and equipment.

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3.3.2.2 Key Persons Qualifications and Experience

(Maximum Score: 20 points)

Specify Key Persons to be assigned to this project, and each Key Person’s responsibilities and roles.

Include a current resume (not to exceed two pages each) for each Key Person to be assigned to the project that demonstrates the person’s qualifications and experience for the Work described in this RFP, including but not limited to experience in providing technical and financial services to state agencies, similar to the work described in Section 2.4 Scope of Work..

3.3.2.3 Key Persons’ Availability:

(Maximum Score: 20 points)

Describe Proposer’s Key Persons’ availability to perform the tasks described in Section 2.4 Scope of Work and describe Proposer’s Key Persons ability to attend meetings remotely or in person at the Portland State Office Building located at 800 NE Oregon Street in Portland, Oregon for the duration of the initial Contract term ( April 15, 2024 through October 15, 2024).

3.3.3 Price Proposal Requirements

(Maximum Score: 5 points)

Using Attachment D, Proposers shall provide a detailed Price Proposal, in an Adobe Acrobat (PDF) file that includes the following items:

All-inclusive line-item budget, including a Total Proposed Price for completing the Work described in Section 2.4 during the initial Contract term of April 15, 2024 through October 15, 2024. The Price Proposal must include all labor, benefits, travel, per diem, materials and all other expenses associated with performing the Work as described in this RFP.

SECTION 4: PROCUREMENT AND EVALUATION 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.

https://oregonbuys.gov/

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4.2 QUESTIONS / REQUEST 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.

4.3 PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

4.4 [Reserved]

4.5 PROPOSAL SUBMISSION

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 errors or delays in submitting a Proposal for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery option is permitted for this RFP:

Delivery through OregonBuys

Proposal submission should be electronically through OregonBuys at this link:

How to electronically respond to a Bid in OregonBuys. See also the requirements of Section

3.2.3 Proposal Format and Quantity.

4.6 MODIFICATION OF WITHDRAWAL OF PROPOSALS

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 Submission). 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 137-047-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening Date and Time (Proposal Due Date) listed on the Cover Page (Page 1) of this RFP. All Proposal modifications or withdrawals must also be received prior to Opening.

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

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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 DATE

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.3 by posting an Amendment to OregonBuys Bid Number S-44300-00009638). Only the name of the Proposer(s) will be provided , no other information will be made available in the Amendment. 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 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

4.10.2 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 137-047-0470.

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4.10.3 Responsibility Determination

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Selected Proposer(s) shall submit a signed Responsibility Inquiry form (Attachment F) within 5 Business Days of receipt of Intent to Award notice.

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

4.10.4 Technical Proposal Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee.

Evaluators will review each Proposal and assign scores based on the completeness and clarity of Proposer’s response to Section 3, up to the maximum points available for each criterion.

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.

Technical Proposal Points and Scoring

Total points possible for each section as listed in the table below. Points will be awarded based upon how well Proposer responded to each Evaluation criteria.

RFP Section Evaluation Criteria Maximum Score

(Total Points Possible)

3.3.2.1 Organizational Capacity and Support to

Key Persons

3.3.2.2 Key Persons Qualifications and

Experience

3.3.2.3 Key Persons’ Availability 20

Total Points Available for Technical Proposal 60

4.10.5 Price Evaluation (Maximum Score: 5 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 Proposer’s total proposed price as compared to the lowest total proposed price of all Proposers using the following formula:

Lowest Total proposed price of all Proposers X

5 (maximum Price points possible)

Proposer’s price score Proposer’s total proposed price

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4.11 NEXT STEP DETERMINATION

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

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

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.

4.11.1 PREFERENCES

4.11.2 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.

4.11.3 Recycled Materials

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

4.11.4 Tiebreakers

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

4.12 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 Technical Proposal 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 https://www.naspo.org/reciprocity1

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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.

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 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:

5.2.1 Insurance

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

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

5.2.2 Taxpayer Identification Number

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

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

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

Agency will not make any payment until Agency has a properly completed W-9.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

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5.2.3 Business Registry

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

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site:

http://www.filinginoregon.com/index.htm.

5.3 CONTRACT NEGOTIATION

5.3.1 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.

In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

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

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

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 http://www.filinginoregon.com/index.htm

DAS Procurement Services, Version 4.5 March 31, 2023 Page 17 of 18 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 E) 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 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, https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz

DAS Procurement Services, Version 4.5 March 31, 2023 Page 18 of 18 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)

6.9 CHECKLIST DISCLAIMER

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

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

https://www.oregon.gov/das