RFP 6220 final.pdf

STATE OF OREGON

COVER PAGE

OREGON HEALTH AUTHORITY

is issuing this Intermediate Procurement:

RFP 6220: TECHNICAL BED NEED ANALYSIS

OF CERTIFICATE OF NEED APPLICATIONS

(OregonBuys # S-44300-00015843)

Date of Issue: February 6, 2026

Opening (Proposal Due Date and Time):

March 2, 2026 at 3:00 PM (Pacific Time)

Sole Point of Contact (“SPC”): John F. Gardner Procurement & Contract Specialist ODHS-OHA Office of Contracts & Procurement

Phone (voice) 503-509-5698 E-mail: john.f.gardner@odhsoha.oregon.gov

You can get this document in other languages, large print, braille, or a format you prefer free of charge. Contact the Sole Point of Contact at the contact information found below. We accept all relay calls. 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 6220 - Technical Bed Need Analysis of Certificate of Need Applications (OregonBuys Bid # S-44300-00015843)

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

2.4 SCOPE OF WORK

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 PROPOSAL CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.1 NEXT STEP DETERMINATION

3.2 PREFERENCES

3.4 RANKING OF PROPOSERS

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

5.2 CERTIFIED FIRM PARTICIPATION

5.3 GOVERNING LAWS AND REGULATIONS

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

5.5 CANCELLATION OF SOLICITATION; REJECTION OF PROPOSALS; NO DAMAGES

5.6 COST OF SUBMITTING AN PROPOSAL

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

5.9 PRINTING, BINDING, AND STATIONERY WORK

5.10 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E RESPONSIBILITY INQUIRY

ATTACHMENT F-1 TECHNICAL PROPOSAL FORM

ATTACHMENT F-2 PRICE PROPOSAL FORM

ATTACHMENT G COBID CERTIFICATION / OUTREACH PLAN

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Oregon Health Authority, Public Health Division (“Agency” or “OHA”), is issuing this Request for Proposal under the provisions of ORS 279B.060 to procure feasibility study services relating to Certificate of Need Applications pursuant to the Oregon Certificate of Need Rules and Statutes as detailed in Section 2.4 below.

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

Agency anticipates the award of one Contract from this RFP.

Agency estimates the initial term of the Contract will be five years from approximately March 16, 2026 through March 15, 2031 with options to renew up to a cumulative maximum term of 7 years. Agency estimates that the maximum initial not-to-exceed amount for the Contract will be $150,000.

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.

However, the maximum not-to-exceed compensation amount payable to the Contractor under the Contract resulting from this RFP may not exceed $250,000.

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 February 16, 2026 5:00 PM (Pacific Time)

Agency Responses to Questions / Requests for Clarification (approx.) February 18, 2026

Opening (Proposals Due) March 2, 2026 3:00 PM (Pacific Time)

Issuance of Notice of Award (approx.) March 5, 2026 https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/HEALTHCAREPROVIDERSFACILITIES/CERTIFICATENEED/Pages/adminrules.aspx

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

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

Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Proposals; 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 means the Oregon Health Authority

Contract means the contract or contracts awarded from this RFP.

Contractor means the Proposer selected through this RFP to enter into Contracts with Agency to perform the Work described in the Scope of Work.

Key Person(s) means the Proposer if the Proposer is an individual, or any person or persons on the Proposer’s staff, including any subcontractors, to whom Proposer will assign the Work if Contractor is awarded a Contract.

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

RFP means this Request for Proposal #5094 issued by Agency.

Work means the required activities, tasks, reporting, invoicing and deliverables described in the Scope of Work.

2.3 OVERVIEW

The State of Oregon, Oregon Health Authority, Public Health Division, Healthcare Regulation and Quality Improvement, Certificate of Need Program (OHA) is charged with determining whether new hospitals or nursing facilities should be built. Approval must also be obtained before nursing facilities can add bed capacity, relocate or rebuild. The purpose of the program is to evaluate whether a proposed service or facility is needed. See this link for more information:

http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html

Oregon Certificate of Need Rules and Statutes. To that end, the program reviews the need for new facilities and the addition of additional nursing facility beds. This review helps to ensure that efficiently high occupancy rates are maintained, and costly unneeded beds are not added to the health care system.

2.4 SCOPE OF WORK

OHA’s Certificate of Need (CN) Program was instituted in 1971 by the Oregon legislature’s desire to achieve reasonable access to quality health care at a reasonable cost. OHA is responsible for determining whether new hospitals, skilled nursing facilities or intermediate care facilities should be built; and whether nursing facilities can add bed capacity, relocate or rebuild. The purpose of the CN Program is to evaluate whether a proposed service, facility or expansion is needed. The CN Program reviews the need for and the viability of the proposed projects to discourage unnecessary investment in unneeded facilities and services to control costs of health care through planning and regulation.

An essential element of this decision-making process is a review and analysis of the financial and bed need implications of the project under consideration for the entity proposing the project as well as for the general public. Oregon Revised Statute (ORS) 442.315(1) directs that: “Any new hospital or new skilled nursing or intermediate care service or facility not excluded pursuant to ORS 441.065 shall obtain a Certificate of Need from OHA prior to an offering or development.” ORS 441.065 addresses the exemption of certain religious institutions. For a definition of the terms “new hospital” and “new skilled nursing or intermediate care service or facility,” refer to ORS 442.015 and Chapter 333, Division 550 of the Oregon Administrative Rules (OAR) for an explanation of what types of projects are subject to CN review.

Required Contractor Services

Contractor shall provide financial analysis and bed need analysis of CN applications and related activities described below as requested by OHA:

1) Attend a kick-off meeting (if requested) for each CN application to be reviewed. In the kick-off meeting OHA and Contractor will agree upon a project plan which includes Contractor staff needed, timelines, etc.

2) Review CN application for completeness and identify areas of the application where additional or different financial or bed need information is needed.

3) Amend CN documentation supporting the analysis of the application, and incorporate modifications provided by the CN Applicant or OHA as directed by OHA.

4) Prepare written analysis of CN applications regarding financial data and bed analysis information following the format and details set out in OAR Chapter 333, Divisions 580 and 590, and in ORS 442.315(1).1

1Please refer to: https://oregon.public.law/statutes/ors_chapter_442.

https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/HEALTHCAREPROVIDERSFACILITIES/CERTIFICATENEED/Pages/adminrules.aspx https://oregon.public.law/statutes/ors_chapter_442

5) Contractor shall attend and participate in pre-application meetings and other meetings with CN Applicants as needed.

6) Contractor shall work with CN Applicants to answer their questions regarding the financial and bed need analysis elements of the application as requested by OHA, provided however, that OHA will be responsible for all decisions and communications related to the rejection or acceptance of a CN application.

7) Contractor shall evaluate additional information, explanations or comments received regarding the CN application or analysis, as requested by OHA.

8) Contractor shall prepare a staff analysis of the financial and bed need analysis portions of the application and will evaluate additional information, explanations or comments received regarding the application or analysis; and Contractor shall prepare an amended analysis upon OHA request.

9) Contractor shall copy OHA on all written communications between the Contractor and the

CN Applicant. Contact OHA prior to contacting the CN Applicant by phone or engaging in an oral discussion of CN application-related matters with the CN Applicant. Attend and participate in any meetings or hearings regarding the analysis of a CN application as requested by OHA.

10) All analysis will be based on the criteria set out in OAR Chapter 333 and be in accordance with the format, timelines, and other requirements specified in the CN Program’s administrative rules and as requested by OHA.

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

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM PROPOSER QUALIFICATIONS

To be considered for evaluation, Proposer must certify in the Minimum Qualifications Statement attached to the Proposer Certification Sheet (Attachment C) that at least one of Proposer’s Key Persons meets all the requirements listed below, describe and document the qualifying experience of the Key Person(s) in that Statement, and attach supporting Key Person resume(s).

3.1.1 The Key Person must have at least (5) years of experience in performing financial analysis and bed need analysis of hospitals, skilled nursing facilities and/or intermediate care facilities.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Format and Quantity

Each 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.

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

Proposers shall submit:

• 1 electronic copy of the Proposal electronically via email. See Section 3.3.4 Proposal Submission for Proposal delivery instructions.

The total combined size of the electronic Proposal files submitted, including all required items, should not exceed 10 megabytes.

All parts of Proposer’s Proposal (including all attachments), except for the Price Proposal required by Section 3.3.4, * shall be contained in a single Adobe Acrobat (pdf) file.

*Proposer’s Price Proposal shall be submitted in a separate Adobe Acrobat (PDF) file.

The total combined size of the electronic Proposal, with all submittal requirements, should not exceed 10 megabytes.

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) and Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version in a separate Adobe Acrobat (pdf) file attachment.

Proposals must use 8 ½" x 11"-page format using 12-point font size, unreduced, single spaced, one-inch margins. Proposals will be evaluated on overall quality of content and responsiveness to the specifications of this RFP. Only those Proposals that include complete information as required by this RFP will be considered for evaluation.

3.2.2 Authorized Representative

A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

3.2.3 Proposal Page Limits

The Technical Proposal Form (Attachment F-1) is limited to 5 pages and the Price Proposal Form is limited to 2 pages. Any pages exceeding those limits will not be provided to the Evaluation Committee or considered in the evaluation.

The following items do not count toward the above page limits:

Disclosure Exemption Affidavit (Attachment B) Proposer Information and Certification Sheet (Attachment C)

Reference Check form(s) (Attachment D) Responsibility Inquiry (Attachment E) Resumes of Key Persons (Note: there is a separate 2-page limit on each Key Person resume per Section 3.4.2) Table of Contents (optional, not required)

3.3 PROCUREMENT PROCESS

3.3.1 Public Notice

The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Proposers.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

3.3.2 Questions / Requests for Clarification

All inquiries, whether relating to the solicitation process, administration, deadline or method of award, or to the intent or technical aspects of the solicitation must:

• Be emailed to the SPC

• 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 solicitation 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

3.3.3 Pre-Proposal Conference

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

3.3.4 Proposal Submission

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any transmission delays or by transmission errors or delays or mistaken delivery. Proposals submitted by any means not authorized may be rejected.

3.3.4.1 Submission Option

Delivery by Email: Proposals shall be submitted by email to the SPC at the email address listed on the Cover Page. The email subject line must include this text: “RFP 6220 PROPOSAL by [Proposer Name].” A Proposal submitted by any other unauthorized means may be rejected.

https://oregonbuys.gov/bso

Agency strongly encourages Proposers to submit their emailed Proposals well before the RFP Closing date and time. Proposer is solely responsible for ensuring its Proposal is received by the SPC by following up with a telephone call or email to the SPC. Emailed Proposals may not be submitted directly to OHA Program Staff.

Important Notice re: above Delivery Option: Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Closing. Agency is not responsible for any transmission errors or delays, or for any mis-delivery for any reason.

3.3.5 Modification or Withdrawal of Proposals

Any Proposer who wishes to make modifications to a Proposal already received by Agency shall submit its modification in one of the manners listed in the Proposal Submission Options section and must denote the specific change(s) to the Proposal submission.

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 137-047-0440. The notice must include the RFP number and be submitted to the SPC.

3.3.6 Proposal Due (Opening) Date

Proposal and all required submittal items must be received by the SPC on or before Opening.

All Proposal modifications or withdrawals must be completed prior to Opening.

Proposals received after Opening are considered LATE and will NOT be accepted for evaluation. Late Proposals will be returned to the respective Proposal or destroyed.

3.3.7 Proposal Rejection

Agency may reject an Proposal for any of the following reasons:

• Proposer fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the Proposal.

• Proposer fails to meet the responsibility requirements of ORS 279B.110.

• Proposer has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

• Proposer makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

• Proposer attempts to inappropriately influence a member of the Evaluation Committee.

• Proposer 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 solicitation or Amendment.

3.3.8 Opening of Proposals

There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Proposals after Opening.

3.4 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 goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposer 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 specific information is difficult to locate.

3.4.1 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.

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

3.4.2 Technical Proposal (Attachment F-1): Key Persons’ Qualifications, Experience and Education (Page limit: 5 pages)

Using the Technical Proposal Form attached hereto as Attachment F-1, Proposer shall provide the following information and attach supporting resumes for each Key Person.

Note: Key Person resumes are excluded from the 5-page limit above, but there is a 2-page limit for each Key Person resume.

• Qualifications and Experience: Describe the professional qualifications and experience of Proposer’s Key Person(s) that provides Proposer with the expertise necessary to perform the Work described in Section 2.4 Scope of Work.

• Prior Similar Projects: Describe fully the nature and extent of the role of Proposer’s Key Person(s) in prior similar projects that qualifies Proposer to perform the Work described in Section 2.4 Scope of Work.

• Educational Background: Describe the educational background of Proposer’s Key Person(s) that qualifies Proposer to perform the Work described in Section 2.4 Scope of Work.

3.4.3 Price Proposal (Attachment F-2) (Page limit: 2 pages)

Using the Price Proposal Form attached hereto as Attachment F-2, each Proposer shall attach a 1-page Price Proposal to its Proposal in a separate Adobe PDF file. Each Proposer’s Price Proposal shall:

1) provide a schedule of proposed hourly rates for each Key Person who will perform the Work described in Section 2.4 Scope of Work,* and a proposed cost summary that includes identifiable costs for each activity described in the Scope of Work; and

2) provide an overall Total Cost Estimate Amount and summary of all proposed costs for all required activities and deliverables that Proposer proposes as the maximum not-to-exceed compensation amount for the initial 5-year Contract term that shall not exceed $150,000.

*Notes:

• Each Proposer’s Price Proposal must include hourly rate(s) for all services; and all administrative /overhead costs / rates must be included in the hourly rate(s).

• The overall Total Cost Estimate Amount that Proposer submits in the Price Proposal Form (Attachment F-2) for item #2) above will be used to as the Proposer’s Proposed Price for the Price Evaluation in Section 3.6 below.

3.4.4 Reference Check Forms

Proposer shall send the Reference Check Form (Attachment D) to at least one but no more than three references for Proposers. At least one Reference Check Form must be completed by at least one of Proposer’s current or former client firms for similar projects performed for any clients within the last five years, then returned to the Proposer, and submitted with the Proposal.

References must be able to verify the quality of previous, related Work.

Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. As stated in Section 3.5.2 below, Agency will use references to verify and evaluate Proposer’s Key Persons’ Qualifications and Experience;

and Agency may use references obtain or verify any other information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications.

3.4.5 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 192.345(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.

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with Minimum Requirements section and Proposal Content Requirements section. 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

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

3.5.2 Technical Proposal Evaluation re: Key Persons Qualifications, Experience and Education

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 the table below up to Maximum Points listed.

Evaluators will consider brevity and clarity of responses in scoring Proposals and will consider Proposer’s Reference Check form(s) in the evaluation of Proposer’s Key Persons’ Qualifications and Experience pursuant to the Evaluation Criteria below.

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

RFP Section Technical Proposal Evaluation Criterion Maximum Points

3.4.2 • Qualifications and Experience: How well do the professional qualifications and experience of Proposer’s Key Person(s) qualify Proposer with the expertise necessary to perform the Work described in Section 2.4 Scope of Work?

30 points

3.4.2 • Prior Similar Projects: How well do the role(s) of Proposer’s Key Person(s) in prior similar projects qualify Proposer to perform the Work described in Section 2.4 Scope of Work?

30 points

3.4.2 • Educational Background: How well does the educational background of Proposer’s Key Person(s) qualify Proposer to perform the Work described in Section 2.4 Scope of Work?

30 points

3.5.3 Price Proposal Evaluation

The SPC will conduct the Price Proposal evaluation. The maximum score for the Price Proposal (Attachment F-2) required by RFP Section 3.4.3 is 10 points. The SPC will award a price score to each Price Proposal based upon the percentage of the proposed price as compared to the lowest proposed price using the following formula:

Lowest Proposed Price* of all Proposers X

10 Points (maximum price points possible)

Price

Proposal Score Proposed Price being scored

*Note: As stated in Section 3.4.3, the “Proposed Price” is the overall Total Cost Estimate Amount that Proposer submits in the Price Proposal Form (Attachment F-2) for item #2) of that Section.

3.1 NEXT STEP DETERMINATION

Agency may 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

• Presentations/Demonstrations/Additional Submittal Items

• Interviews

• 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.

3.2 PREFERENCES

3.2.1 Reciprocal Preference [Reserved]

3.2.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer proposes Goods manufactured with Recycled Materials, and at least 1 Proposer does not, Agency will select the Proposer proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

3.2.3 Tiebreakers

Oregon Supplies: If Agency receives Proposers identical in cost, fitness, availability and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.3 POINT AND SCORE CALCULATIONS

The Technical Proposal Scores are assigned by each Evaluator as stated in and Section 3.5.2 and the Price Proposal Score is calculated by the SPC as stated in Section 3.5.3. Points are the total possible for each section as listed in the table below.

Evaluation Item Maximum Points Possible

RFP § 3.4.2 Knowledge and Experience (Technical Proposal Attachment F-1)

RFP § 3.4.2 Prior Similar Projects (Technical Proposal Attachment F-1)

RFP § 3.4.2 Educational Background (Technical Proposal Attachment F-1)

RFP § 3.4.3 Price Proposal (Attachment F-2) 10

TOTAL POINTS POSSIBLE: 100

3.4 RANKING OF PROPOSERS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Proposal and Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

The SPC will total the average final Technical Proposal score for each Proposal with the average final Price Proposal score for each Proposal. (The average scores are calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members.) 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.

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.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.1.1 Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 3.

Agency may award less than the full Scope defined in this solicitation.

4.1.2 Notice of Award

Agency will notify all Proposers in Writing that Agency has awarded a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

4.2 SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

4.2.1 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 RFP 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.

4.2.2 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.

4.2.3 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.

http://www.irs.gov/pub/irs-pdf/fw9.pdf http://www.filinginoregon.com/index.htm

4.3 CONTRACT NEGOTIATION

4.3.1 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 any 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. Unless Agency agrees to modify 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).

It may be possible to negotiate some provisions of the final Contract; 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. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

• Agency is willing to negotiate ONLY the following: Exhibit A, Part 1 Statement of Work;

Exhibit A, Part 2 Payment and Financial Reporting; and Exhibit C Insurance Requirements.

In the event that the parties have not reached mutually agreeable terms within 15 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

SECTION 5: ADDITIONAL INFORMATION

5.1 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.

5.2 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: Business Oregon : Home : State of Oregon or email:

https://www.oregon.gov/biz/Pages/default.aspx

COBID

Biz*Bizhttps://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=678 7&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 G) prior to execution.

5.3 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, 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 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.

5.4 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting a Proposal in response to this solicitation, 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 intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.5 CANCELLATION OF SOLICITATION; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this solicitation 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 Agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Proposal.

5.6 COST OF SUBMITTING AN PROPOSAL

Proposer shall pay all the costs in submitting 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, or costs associated with protests.

5.7 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. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

mailto:Biz.COBID@biz.oregon.gov mailto:Biz.COBID@biz.oregon.gov https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz http://www.oregon.gov/DAS

5.8 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract.

(ORS 279B.025)

5.9 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.

5.10 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation 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 solicitation and complying with all the requirements of this solicitation, 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 solicitation.

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E RESPONSIBILITY INQUIRY

ATTACHMENT F-1 TECHNICAL PROPOSAL FORM

ATTACHMENT F-2 PRICE PROPOSAL FORM

ATTACHMENT G COBID CERTIFICATION / OUTREACH PLAN

The above attachments are posted in the File Attachments for OregonBuys Bid #S-44300- 00015843