STATE OF OREGON

COVER PAGE

OREGON HEALTH AUTHORITY

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-44300-00015159:

RFP 6192:

REVERSE OSMOSIS POINT OF USE WATER TREATMENT

INSTALLATION AND MAINTENANCE

Date of Issue: November 7, 2025

Opening Date and Time (Proposals Due):

December 8, 2025 at 3:00 PM (Pacific Time)

Proposal Delivery Options: Proposer may submit its Proposal electronically through OregonBuys as stated in Section 4.5.

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-44300-00015141.

Single Point of Contact (SPC): John F. Gardner

Phone (voice) 503-509-5698

E-mail: john.f.gardner@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.

mailto:john.f.gardner@odhsoha.oregon.gov

RFP 6192: Reverse Osmosis Point of Use Water Treatment Installation and Maintenance (OregonBuys Bid # S-44300-00015159)

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

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL CONTENT REQUIREMENTS

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 OPTION

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 PREFERENCES

4.12 RANKING OF PROPOSERS

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 CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

The following attachments may be downloaded from the File Attachments posted on OregonBuys Bid # S-44300-00015159.

ATTACHMENT A - SAMPLE CONTRACT

ATTACHMENT B - DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C - PROPOSER INFORMATION AND CERTIFICATION SHEET, INCLUDING:

• ATTACHMENT C-1 - PROPOSER’S MINIMUM QUALIFICATIONS STATEMENT;

AND

• ATTACHMENT C-2 - PROPOSER’S RESPONSES TO ALL SECTION 3.3.2.1 –

3.3.2.4 REQUIREMENTS RE: KEY PERSONS’ QUALIFICATIONS AND

EXPERIENCE

ATTACHMENT D - REFERENCE CHECK FORM

ATTACHMENT E - PRICE PROPOSAL FORM

ATTACHMENT F - COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G - RESPONSIBILITY INQUIRY

DAS Procurement Services, Version 4.5 March 31, 2023 Page 4 of 26

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority, Public Health Division, Environmental Public Health Section, Domestic Wells Safety Program (“Agency” or “OHA”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for reverse osmosis point of use water treatment installation and maintenance.

Agency anticipates the award of two or more Contracts from this RFP. Work assignments will be made to Contractors on a rotating basis starting with the highest ranked Proposer, subject to their availability to perform the work OHA requires.

Agency estimates the initial term of the Contract(s) will be 1.5 years from January 1, 2026 through June 30, 2027 with options to extend the term up to a cumulative maximum total Contact term of 5 years.

If Agency issues a single Contract award from this RFP, the Contract will have an estimated maximum not-to-exceed compensation (“NTE”) amount of $750,000 - $1,000,000 for the initial term of the Contract, and will include an OHA-approved budget and workplan that details the services, milestones and deliverables required from the Contractor. However, if Agency issues multiple Contract awards from this RFP, the NTE amount for the initial term of each Contract will be approximately $750,000 - $1,000,000 (or other amount approved by OHA) divided by the number of Contract awards.

Additional details on the Scope of the Goods and Services are included in Section 2.4 Scope of Work.

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.

Event Date Time

Questions / Requests for Clarification Due

November 17, 5:00 PM (Pacific Time)

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

November 19, 2025

RFP Protest Period Ends 7 calendar days prior to RFP Opening

Opening/Proposal Due See RFP cover page

Opening of Proposal See RFP cover page

Issuance of Notice of Intent to Award (approx.)

December 17, 2025

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

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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 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

For the purposes of this RFP, capitalized words are defined in OAR 137-046-0110 or as defined below.

• Agency (or OHA) means the State of Oregon, acting by and through its Oregon Health Authority, Public Health Division, Environmental Public Health Section, Domestic Wells Safety Program.

• 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.

• Goods means the required supplies, equipment, materials as described in Section 2.4

Scope of Work of this RFP.

• 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.

• Point-of Use Return Osmosis System (“POU RO System”): A point-of-use (POU) reverse osmosis (RO) system is a water filter installed at a single water fixture, typically under the kitchen sink, to purify water for drinking and cooking. It works by using pressure to force water through a semi-permeable membrane, removing contaminants like lead, PFAS, DAS Procurement Services, Version 4.5 March 31, 2023 Page 6 of 26 arsenic, and microorganisms, while a separate stream of wastewater, or "brine," carries away the removed impurities. These systems are designed to provide high-quality, purified water directly where it's needed most. (See https://www.epa.gov/watersense/point-use-reverse-osmosis-systems)

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

• Program Participant (or Participant) means a resident of the Lower Umatilla Basin a Groundwater Management Area (LUBGWMA) whom Agency has determined is eligible and agrees to participate in OHA’s program to install a Point-of-Use (POU) treatment systems in the resident’s residence to reduce the resident’s water nitrate levels reduced to below 10 mg/L as described in Section 2.4 Scope of Work,

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

• RFP means this Request for Proposal.

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

2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

Agency’s Environmental Public Health Section within Agency’s Center for Health Protection works to identify, assess and report on threats to human health from exposure to environmental and occupational hazards, and advise Oregon communities on potential risks where they live, work, play and learn.

Oregon’s Domestic Well Safety Program (DWSP) is part of Environmental Public Health supporting the Oregon Health Authority mission of improving the lifelong health of Oregonians by promoting domestic well stewardship and safety throughout the state via partnerships, outreach and education, and new data.

2.3.2 Project Overview and Background

In accordance with Oregon’s Groundwater Quality Protection Act of 1989, the Oregon Department of Environmental Quality (DEQ) and the Oregon Department of Agriculture (ODA) declared the Lower Umatilla Basin a Groundwater Management Area (LUBGWMA) in 1990 due to regional nitrate-nitrogen concentrations exceeding 7 milligrams per liter (mg/L). EPA sets the Maximum Contaminant Level (MCL) of nitrate at 10 mg/L. Exposure to high nitrate and nitrite concentrations in drinking water can cause methemoglobinemia (i.e., decreased ability of the blood to carry oxygen to cells), which is a serious health concern for infants. Adults can also experience adverse effects at high concentrations including recurrent respiratory infections, thyroid dysfunction, negative reproductive outcomes such as spontaneous abortion and certain cancers including cancer of the stomach or bladder.

LUBGWMA encompasses Hermiston, Boardman, Irrigon, Stanfield, Echo and surrounding areas

DAS Procurement Services, Version 4.5 March 31, 2023 Page 7 of 26 in Morrow and Umatilla counties. The U.S. Environmental Protection Agency (EPA), responding to a legal petition under the Safe Drinking Water Act, expects the State of Oregon, and OHA as the agency with drinking water primacy under federal law, to mitigate exposure to nitrates in domestic well water to residents in the LUBGWMA. OHA received concurrence from EPA for a workplan to address nitrate risks which includes provision of alternate water sources including through provision of residential point-of-use (POU) water treatment units.

Agency is working with its partners, Morrow County Public Health Department, Umatilla County Public Health Department, and community-based organizations, to provide free safe water services to households impacted by high nitrate levels in northern Morrow and northwestern Umatilla counties. This is the area known as the Lower Umatilla Basin Groundwater Management Area (LUBGWMA). Nitrate levels at or over 10 milligrams per liter (mg/L) can cause serious health issues, especially for pregnant people and babies.

The Contract(s) issued pursuant to this RFP will assist Agency to provide RO POU water treatment installation and maintenance for Program Participants located within LUBGWMA that are impacted by high nitrate levels.

There is currently a backlog of approximately 150 Program Participants who need POU RO systems installed, and OHA currently has two contractors performing POU RO installation services under contracts that expire on December 31, 2025. Therefore, OHA is seeking to procure the needed services from additional qualified Contractors to reduce the backlog as soon as possible.

2.4 SCOPE OF WORK

Specifications or Performance Standards. OHA requires that Contractor meets the highest standards prevalent in the industry or business most closely involved in providing the appropriate goods or services.

During Contractor’s contacts with Program Participants who are Spanish speakers regarding the Tasks required by this Contract, Contractor or Contractor’s Key Person(s) shall communicate in Spanish.

2.4.1 Scheduling POU RO Installation Appointments:

Following Contractor’s receipt of a list of OHA approved Program Participants from OHA, Contractor shall contact each Participant on that list to offer and schedule an appointment to install a Point-of-Use Reverse Osmosis (POU RO) water treatment system for the Participant as stated in Section 2.4.2.1. Treatment Installation Tasks below.

During Contractor’s contact(s) with each Participant, Contractor shall:

a) confirm whether the Participant agrees or declines to allow Contractor perform a

POU RO installation service for the Participant; and

b) if the Participant agrees to allow Contractor to perform the service POU RO installation service for the Participant, Contractor shall schedule appointment for that service with the Participant by phone, email, text message or through an online booking app meeting the app requirement listed below.* https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/le-208350a.pdf

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*Booking app requirements: Contractor shall allow Program Participants to use a booking app selected by Contractor1 to schedule installations of treatment system, or filter replacements. The booking app must include a Spanish language option for the app’s users, offer a minimum of 10 available days per month, with both morning and afternoon appointment slots available, and flexible scheduling including evening and/or weekend hours to fit the needs of well users is preferred.

Contractor’s selected booking app must be fully operational within 30 days of Contract execution. OHA will provide support during setup of the booking app.

c) Contractor shall provide OHA a monthly report documenting all contacts with

Participants in OHA’s data collection system and record whether each Participant agreed or declined the POU RO installation service, or was unresponsive, and the dates when those services were scheduled. Contractor shall follow-up with unresponsive Participants as necessary.

If Contractor was successful in scheduling the POU RO installation appointment for the Participant, Contractor shall perform the Section 2.4.2.1. Treatment Installation Tasks listed below for the Participant as scheduled.

Specific Contractor Tasks:

2.4.2 Treatment and Maintenance Tasks:

Contractor shall perform the following treatment and maintenance for the Program Participant as applicable and necessary to reduce nitrate levels to below 10 mg/L for the Program Participant.

Contractor shall install a minimum of 5, and a minimum average of 6-10 OHA-approved POU RO systems per month for Program Participants until OHA notifies Contractor that the existing backlog has been resolved.2

2.4.2.1 Treatment Installation Tasks:

2.4.2.1.1 Contractor shall purchase one of the following OHA approved, certified POU RO system for each Program Participant assigned to Contractor, specifically:

• Culligan Aquasential RO System; or

• Kinetico K5 Water Drinking Station

1 Examples of online scheduling apps can be found by conducting an internet search for “online booking apps for small business.”

2 As stated in Section 2.3.2, there is currently a backlog of approximately 150 Program Participants who need POU RO systems installed, and OHA currently has two contractors performing POU RO installation services under contracts that expire December 31, 2025.

https://www.culligan.com/wp-content/uploads/2021/08pdf/AquasentialROAndSmartRO_OwnersGuide_01040605_A-2.pdf https://www.kinetico.com/media/tbxndgin/13034n_manual_owners_k5_05182021.pdf

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2.4.2.1.2 Contractor shall travel to the Program Participant’s residence and install one of the above POU RO systems for Program Participants, including any items needed to make the POU RO system fully functional and Contractor shall comply with the POU RU System and Warranty Requirements below.*

Note: Any non-standard items required and essential for a functional POU RO system installation (see examples in footnote below)3 will require pre-approval

(in writing) by OHA.

All costs for cosmetic and nonessential equipment requested by Program

Participants during an installation (see examples in footnote below)4 will not be paid by OHA and will be the Program Participants’ responsibility.

2.4.2.1.3 Contractor shall:

a) collect a post-treatment well water sample (“test sample) consisting of a water sample collected from the Participant’s POU RO system tap after the treatment system has been installed;

b) submit the test sample to a laboratory under contract with OHA or an OHA approved drop off site;5 and

c) pay the OHA contracted laboratory for: i) analysis of the test sample; and ii) delivery of the test results to Contractor, the Program Participant, and OHA (via email to domestic.wells@odhsoha.oregon.gov).

As stated in Attachment E – Price Proposal, OHA will pay Contractor a fixed fee of $37.80 for the costs for lab analysis of each test sample.

2.4.2.1.4 Contractor shall provide verbal maintenance guidance to the Program

Participant, in English and/or Spanish as applicable, along with any written materials from OHA, including but not limited to information on when the

Program Participant should contact the Contractor to request the Maintenance

Tasks in Section 2.4.4.2 below for replacement of the POU RO system’s filter and membrane.

*POU RU System and Warranty Requirements:

The POU RO systems installed by Contractor must meet the NSF/ANSI Standard 58 with a nitrate reduction claim verified by the following websites: National Sanitation Foundation

3Examples of non-standard but essential items include: using a longer hose for proper connection, pressure booster pump, etc.

4Examples of for cosmetic and nonessential items include: connecting the POU RO to the refrigerator ice machine, installation of a faucet that matches the homes décor vs the standard faucet, etc.

5OHA will provide each Contractor with this list of laboratories under contract with OHA and approved drop-off sites.

mailto:domestic.wells@odhsoha.oregon.gov https://d2evkimvhatqav.cloudfront.net/documents/water_58_insert.pdf?v=1594930095 https://info.nsf.org/Certified/DWTU/

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(NSF) and American Water Quality Association (AWA). The RO treatment system must one of the two systems below.

• Culligan Aquasential RO System

• Kinetico K5 Water Drinking Station

Contractor shall provide each Program Participant receiving installation of POU RO system from Contractor under this Contract a minimum 1-year parts and labor warranty from both the manufacturer and from the Contractor covering the equipment.

2.4.2.2 Maintenance Tasks:

Following a request by OHA or the Program Recipient to replace the POU RO system’s filters and membranes and no later than 1 year after installation of the POU RO System for the Program Participant,6 Contractor shall perform these maintenance tasks for each Program Participant, after obtaining consent from the Program Participant and scheduling a maintenance appointment with the Participant:

Contractor shall maintain the Program Participant’s POU RO system as follows:

1) purchase a new RO treatment system replacement filter and membrane.

2) properly rinse the new RO treatment system filter and membrane.

3) replace the Program Participant’s existing RO treatment system filter and membrane with the new, rinsed RO treatment system filter and membrane.

6Note: the timing of the filter and membrane replacement for the system may depend on the water quantity usage of the Program Participant, and high sediment, chlorine, turbidity, or hardness levels may require more frequent replacement.

https://info.nsf.org/Certified/DWTU/ https://wqa.org/find-products#/ https://www.culligan.com/wp-content/uploads/2021/08pdf/AquasentialROAndSmartRO_OwnersGuide_01040605_A-2.pdf https://www.kinetico.com/media/tbxndgin/13034n_manual_owners_k5_05182021.pdf

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SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposer must certify in the Attachment C-1 - Proposer’s Minimum

Qualifications Statement attached to Attachment C - Proposer Information and Certification Sheet, as supported by Key Person resumes required by Section 3.3.2 below, that Proposer’s Key Persons(s) meet(s) all of the following requirements:

3.1.1 At least one of Proposer’s Key Persons7 must be a currently licensed plumber or water treatment specialist having an active license with the Oregon Construction Contractors Board – Building Code Division and have provided plumbing or water treatment services for a minimum of 5 years.

3.1.2 At least one of Proposer’s Key Persons must have language proficiency in Spanish.

This requirement can be met by:

(a) demonstrating that one of Proposer’s Key Persons has a minimum of 18 months’ previous work experience in translation and interpretation in Spanish; or

(b) Proposer’s certification in Attachment C-1 that Proposer will hire a Key Person having the qualifications stated in Section 3.1.2 (a) prior to OHA’s execution of a Contract with Proposer.

3.1.3 Each of Proposer’s Key Persons who will use a vehicle to travel to Participants’ residences to perform Services detailed in Section 2.4 Scope of Work must have a current Oregon driver’s license.

Note: if a Proposer submits multiple Key Persons and only some of those Key Persons meet the above minimum qualifications, OHA reserves the right to reject the non-qualified Key Persons, if OHA awards a Contract to that Proposer.

7 See Definition of Key Person from Section 2.2 above:

• 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.

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3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submissions

To be considered for evaluation, a Proposal must contain each of the following elements (further detailed in Section 3.3 Proposal Content Requirements below) except as noted below:

(1) 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) and a fully redacted version of its Proposal, clearly identified as the redacted version. See Note below. * Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure per Section 3.2.3.

(2) Proposer Information and Certification Sheet (Attachment C) including:

• Attachment C-1 – Proposer’s Minimum Qualifications Statement and the Key Person(s) supporting resume(s) verifying that each of Proposer’s Key Person(s) meet the requirements of Section 3.1; and

• Attachment C-2 – Proposer’s Responses to All Section 3.3.2.1 – 3.3.2.4 Requirements re: Key Persons’ Qualifications and Experience.

(3) Completed Reference Check Forms (Attachment D) required by Section 3.3.3.

(4) Completed Price Proposal Form (Attachment E) required by Section 3.3.4.

(5) COBID Certification - Outreach Plan (Attachment F) (Optional - see Note below). **

(6) Completed Responsibility Inquiry (Attachment G).

* Note: Disclosure Exemption Affidavit (Attachment B): 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 3.2.3, 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.

** Note: re: COBID Certification - Outreach Plan (Attachment F): Attachment F is not required to be submitted with the Proposal but as stated in Section 6.2 below, 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 of the Contract.

3.2.2 Proposal Page Limits

There are no page limits on Proposals for this RFP.

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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 Delivery Option below, Proposers must submit their Proposal electronically through OregonBuys or via email.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with 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) with its Proposal and a fully redacted version of its Proposal, clearly identified as the redacted version. 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 (Attachment C)

Proposer shall complete and submit, with Proposer’s signature, Attachment C - Proposer Information and Certification Sheet (Attachment C) including:

• Attachment C-1 - Proposer’s Minimum Qualifications Statement; and

• Attachment C-2 - Proposer’s Responses to all Section 3.3.2.1 – 3.3.2.4 Requirements re: Key Persons’ Qualifications and Experience.

Failure of Proposer to submit the Attachment C with Attachments C-1 and C-2 and to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and

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Certification Sheet may result in a finding of non-Responsibility, or cause Proposer’s Proposal to be rejected as not Responsive.

3.3.2 Key Persons’ Qualifications and Experience

Proposer shall respond to the following requirements using the Attachment C-2 form:

3.3.2.1 Specify Key Persons to be assigned to this project, and each Key Person’s responsibilities and roles. If Proposer plans to hire additional Key Persons for this project, Proposers should identify their roles and responsibilities.

3.3.2.2 State the length of time the Proposer has been licensed through the State of Oregon Construction Contractor’s Board and describe Proposer’s experience providing water treatment or plumbing services in the state of Oregon, including if applicable, to Spanish speaking residents.

3.3.2.3 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 services, similar to the work described in Section 2.4 Scope of Work.

3.3.2.4 Describe the qualifications and experience of each Key Person, including the project manager, supervisors responsible for daily operations, Site Supervisors and field staff, and describe all Key Persons’ Spanish language proficiency qualifications, as applicable.

3.3.3 Reference Check Forms (Attachment D)

The Proposer shall submit two Reference Check forms (Attachment D) signed by customers or clients for whom Proposer has provided services similar to those described in Section 2.4 of this RFP within the last 5 years in or around Morrow and/or Umatilla Counties.

References must verify the quality of previous, related Work.

Two (2) completed Reference Check forms must be submitted with the Proposal.

Agency may check to determine if references provided support Proposer’s ability and its Key Persons’ ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

Proposer shall send the Reference Check form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Proposer, and then submitted with the Proposal.

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3.3.4 Price Proposal (Attachment E)

Using the Price Proposal (Attachment E), Proposers shall provide a detailed Price Proposal, that includes the following items:

All-inclusive line-item budget, including a Total Fixed Price for All Tasks described in Section 2.4 per Program Participant during the initial Contract term of approximately January 1, 2026 through June 30, 2027.

The Price Proposal must include all expenses associated with performing the Work as described in Section 2.4 of this RFP as detailed in Attachment E.

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

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:

• the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name;

and

• 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.

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4.5 PROPOSAL DELIVERY OPTION

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.

Important Tip: OHA strongly encourages Proposers to submit their Proposals early, well before the Proposal Due date, in order to allow themselves sufficient time to resolve any technical issues that may arise before Proposals are due.

The following delivery option is permitted for this RFP:

Delivery through OregonBuys Detailed instructions on how to submit a Proposal can be found in this link:

How to electronically respond to a Bid in OregonBuys.

Note re: OregonBuys Support: for any questions about using OregonBuys, Proposers should contact OregonBuys Supplier Support by phone call to 1-855-800-5046 or by email to support.oregonbuys@das.oregon.gov.

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 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. 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 by posting an Amendment to OregonBuys Bid Number # S-44300-00015159. Only the name of the Proposer 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 137-047-0630.

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

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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).

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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 137-047-0470.

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 G) with their Proposals.

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

4.10.2 Evaluation Criteria

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.

4.10.2.1 Evaluation Item 1: Key Persons’ Qualifications and Experience (Maximum Score: 50 Points)

• How well do Proposers responses to Section 3.3.2 in Attachment C-1 demonstrate Proposer’s Key Persons’ qualifications, experience and overall ability to perform the Work described in Section 2.4?

4.10.2.1 Evaluation Item 2: Reference Check Forms (Maximum Score: 50 Points)

• How well do Proposer’s Reference Check Forms (Attachment D) demonstrate Proposer’s qualifications, experience and overall ability to perform the Work described in Section 2.4?

Total Maximum Score Available for Evaluation Items 1 and 2: 100 Points

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4.10.3 PRICE EVALUATION (Maximum Score: Pass/Fail)

• The Price Proposal will not be scored for points, but failure to submit a Price Proposal as required by Section 3.3.4 will cause a Proposer’s Proposal to be rejected as not Responsive.

4.11 PREFERENCES

4.11.1.1 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 score for each Proposal with Proposer’s price score and reference 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

• 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

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4.12.2 Competitive Range Protest

Proposers excluded from a round may submit a Written protest of Competitive Range.

Protests must:

• Be emailed to the SPC;

• Reference the OregonBuys bid number ;

• Identify Proposer’s name and contact information;

• Be sent by an authorized representative

• State the reason for the protest; and

• Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all 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.

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, or hard copy;

• 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 B 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 XX calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

5.4.2 Contractor Selection Methodology

In the event multiple Contracts are awarded, Agency will use the following methodology to determine from which Contractor to purchase goods and services as described in Section 2.4.

• OHA will share a list of Program Participants needing the goods and services with Contractors and confirm whether and when the Contractors are available and willing to provide the required Work for those Participants; and

• OHA will make purchases of the goods and services to the highest ranked Contractor whom OHA…