OregonBuys Bid # S-14100-00007531

STATE OF OREGON

COVER PAGE

Department of State Lands is issuing this Intermediate Procurement under S-14100-00007531 for

ABANDONED AND DERELICT VESSEL PROGRAM

FACILITATOR AND ADMINISTRATIVE SUPPORT

Date of Issue: July 25 , 2023

Opening Date: August 10, 2023, 2:00PM PST

Single Point of Contact (SPC): Michelle Johnson, Contracts Officer

Address: 775 Summer St, Suite 100 City, State, Zip Salem, OR 97301 Phone (voice) 503-798-7975 E-mail: michelle.j.johnson@dsl.oregon.gov

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 OFFER OR REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION..............................................................................................................Error! Bookmark not defined.

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERS ...........................................................................................................Error! Bookmark not defined.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.3 CONTRACT NEGOTIATION

SECTION 5: ADDITIONAL INFORMATION

5.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION………………………………………………………………….15

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 OFFER NO DAMAGES

5.6 COST OF SUBMITTING AN OFFER

5.7 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.8 RECYCLABLE PRODUCTS

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4 https://www.oregon.gov/das/Procurement/Tutorials/TOC.mp4

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of State Lands (“Agency”), is issuing this Intermediate Procurement for facilitator that will lead a workgroup in creating a new program to address abandoned and derelict vessels.

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

Agency anticipates the award of one Contract from this solicitation. The initial term of the Contract is anticipated to be 9 months with options to extend if the need is there.

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 solicitation.

Event Date Time

Questions / Requests for Clarification Due July 31, 2023 1:00PM PST

Opening (offer Due) August 7, 2023 2:00pm PST

Issuance of Notice of Award (approx.) August 25, 2023

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. Offeror 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 solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

2.2.1 General Definitions

Capitalized terms not specifically defined in this document are defined in OAR 125-246- 0110.

2.2.2 Project Specific Definitions

1. “Abandoned Vessel” Means a vessel that has been left without authorization on public or private land, the waters of this state, or any other water.

2. “Derelict Vessel” Means a vessel that is on the waters of this state and that is:

i. Sunk or in imminent danger of sinking;

ii. Obstructing a waterway;

iii. Endangering life or property; or

iv. In such a dilapidated condition that it is in danger of becoming a significant environmental hazard as evidenced by repeated and documented instances of leaking fuel, sewage, or pollutants.

3. “Enforcement Agency” Means a law enforcement agency, a federal agency, the State Marine Board or any other public body, as defined in ORS 174.109 (“public body” defined), that has responsibility for land or water on which an abandoned vessel or a derelict vessel is located.

4. “Vessel” Means a boat, a boathouse as defined in ORS 830.700 (Definitions for ORS

830.060 to 830.140 and 830.700 to 830.870), a floating home as defined in ORS

830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870), or any other floating structure that is normally secured to a pier or pilings.

2.3 OVERVIEW AND PURPOSE

Abandoned and derelict vessels (ADVs) seriously affect the health and safety of our public waterways by creating both environmental and navigational hazards. These vessels also seriously affect the Common School Fund, which since 2017 has expended more than $18 million removing commercial and recreational vessels from public waterways.

In August 2022, the State Land Board directed the Department of State Lands (DSL) to begin work on an ADV Removal Plan from 2023 – 2025. This plan addresses near-term ADV removal needs as well as laying the groundwork for planning for a long-term ADV program. In April 2023, the State Land Board directed the Department to take more urgent action in collaborating with State Agency partners to develop a statewide ADV program and proposed legislative action. Specifically, significant stakeholder engagement is a key driving factor. The Land Board directed the Department to convene an ADV Workgroup to support the creation of recommendations for a comprehensive ADV program framework and legislative recommendations due April 2024.

DSL will hold a series of ADV Workgroup meetings with a stakeholder group of approximately 17 + people representing local, state, federal agencies, community-based organizations for environmental advocacy and/or recreation, service providers for people experiencing http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_246.html houselessness, industry groups in vessel salvage and vessel insurance, private marinas, ports, and other parties likely to be affected by the creation of a statewide ADV program. Tribal governments may participate in the ADV Workgroup but may have a separate consultation process that will be led by DSL staff.

Prior to the below work (section 2.4), the DSL project team will have conducted a series of individual interviews across a broad range of stakeholder interests to gather insight on the state of ADVs in Oregon. Gathered in June 2023, this input will inform the immediate removal of ADVs as well as provide early insights into development of a statewide program framework through identifying barriers, opportunities, and community outreach strategies. These interviews will have been conducted with both the invited ADV Workgroup members as well as a broader selection of stakeholders. The input will have been documented by the DSL project team, and preliminary report prepared for the ADV Workgroup to review. The vendor will be provided the preliminary report as well as the stakeholder interview notes in preparation for convening the ADV Workgroup.

2.4 SCOPE OF WORK/SPECIFICATIONS

Project will be completed in two phases. Throughout Phase 1 and 2, the vendor and DSL project team will host a series of pre-coordination meetings to advance the project.

Phase 1: Develop an Engagement Framework

The vendor will prepare for the advisory group process.

• The vendor and the DSL project team will hold up to 2 one-hour coordination meetings in August / September.

• The vendor will conduct four 60-minute interviews with the State agency partners, prior to the first meeting of the broader ADV Workgroup to discuss the process and framework for collaboration on proposed statewide ADV program framework and legislative action. Due to scheduling constraints, some interviews may occur after the first Workgroup meeting. The interviews will explore things such as:

o Desired outcomes from the engagement process in an ADV Workgroup o Identification of opportunities and/or resources that interviewees could bring to support a collaborative process.

o Opportunities for state agency coordination in authority, expertise, funding, and staffing for a statewide ADV program.

• The vendor will use the information gathered during the project team coordination meetings, earlier interviews (conducted by DSL project team) as well as subsequent interviews (conducted by the vendor) to advise on finalizing that engagement framework. The engagement framework will include (but is not limited to):

o the number of meetings, o topics of focus, o distilling areas of disagreement and building on areas of alignment, o sequence to address topics, whether and when to engage outside expertise.

• Deliverables o Vendor to schedule and facilitate four 60-minute interviews, one with each of the state agency partners (DSL, DEQ, OSMB, and OPRD – see “Project

Specific Definitions” for more information). Interview questions to be submitted to the DSL project team in advance for approval.

o Vendor to provide a written summary of findings from the interviews to the project team.

o Vendor to advise on engagement framework, including areas of agreement, clarity regarding areas of substantive disagreement, and a process design for resolution of disagreement.

Phase 2: Facilitate and Manage ADV Workgroup

The vendor will facilitate and manage an advisory group process.

• The vendor and the DSL project team will hold up to 12 one-hour pre-meeting coordination meetings.

• The vendor will schedule, facilitate, and document a series of meetings building on the input received in Phase I. vendor is also responsible for ADV Workgroup meeting arrangements, schedules, agendas, materials and meeting summaries.

o These meetings will be open to the public to attend virtually as observers, but not to participate in agenda items. Time must be allotted on the agenda for public comment.

• The vendor will develop an approach to ensure communication and coordination between the vendor, DSL project team, and ADV Workgroup.

• Deliverables o Schedule and facilitate up to 12, 2-hour virtual ADV Workgroup meetings.

o Vendor to develop meeting agendas. Agendas to be submitted to the DSL project team in advance for approval. Vendor to distribute meeting materials to the Workgroup members.

o Vendor to document meeting summaries. Summaries to be submitted to the DSL project team for review. Vendor to distribute meeting materials to the Workgroup members at least one day in advance of each meeting.

o A report documenting consensus-based recommendations to the DSL project team on statewide ADV program framework and proposed legislative actions that will be iteratively updated.

Vendor will invoice Agency monthly for services complete, invoices will be approved for payment within 30 days of date printed on invoice.

The DSL project team will have at least one staff member in attendance at the ADV Workgroup meetings. The DSL project team will host and record the ADV Workgroup meetings (on Zoom or Microsoft Teams) and post the meeting materials and meeting access information to the DSL website. The DSL project team will send public notices to stakeholders regarding the meeting schedule.

Estimated Summary of Meetings

• Four sixty-minute interviews with the State agency partners prior to the first ADV Workgroup meeting (some may occur after the first meeting).

• Up to 12, one-hour virtual pre-meeting coordination and agenda preparation with DSL project team (required) and state agency partners (optional attendance).

• Up to 12, two-hour virtual ADV Workgroup meetings.

• Up to 20 hours of additional virtual/phone meetings with the DSL team or Workgroup members.

Estimated ADV Workgroup Meeting Schedule

The schedule of ADV Workgroup meetings will be determined by the vendor and DSL project team following input gathered in Phase 1. Fewer or more than 12 meetings is possible. Meetings are planned to be virtual, however may be in part or entirely hybrid depending on preferences and availability of the ADV Workgroup members. Below is a tentative schedule:

• Meeting #1 and #2: September 2023

• Meeting #3 and #4: October 2023

• Meeting #5 and #6: November 2023

• Meeting #7 and #8: December 2023

• Meeting #9: January 2024

• Meeting #10: February 2024

• Meeting #11: March 2024

• Meeting #12: April 2024

Coordination with DSL Project Team Pre-Meeting

The vendor and the DSL project team will hold a 1-hour preparation online meeting at least 1 week prior to each ADV Workgroup meeting to discuss the agenda and materials.

Following the prep meeting the vendor will prepare a draft agenda for the DSL project team to review. Once finalized, the vendor will share an agenda with ADV Workgroup members as part of a meeting reminder to members and the DSL team at least 3 days prior to each meeting.

Coordination with the DSL Project Team Post-Meeting

The vendor will take notes at each meeting that includes attendance, items that require action, key feedback and input, and a record of any decisions made. The vendor will share meeting notes with the ADV Workgroup team within 3 working days after each meeting for comments. Final meeting summaries will be distributed by the vendor to the ADV Workgroup members and the DSL project team within 6 working days after each meeting.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

Offeror must provide a project plan that incorporates the elements described in the scope of work above (section 2.4). The project plan must define a pathway to reach the departments goal of providing a comprehensive ADV program framework by January 1, 2024.

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Offeror Format and Quantity

Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

Offeror shall submit one electronic copy of its Offer. In addition, if Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B), and Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

3.2.2 Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

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 Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror 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 Offeror’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-Offer Conference

A pre-submittal conference will not be held for this solicitation.

https://oregonbuys.gov/bso

3.3.4 Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

3.3.4.1 Submission Options

Offeror must submit its offer by email to the SPC listed on the first page of this RFP.

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

3.3.5 Modification or Withdrawal of Quotes or Offers

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

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.6 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation.

Late Offers will be returned to the respective Offeror or destroyed.

3.3.7 Offer Rejection

• Agency may reject an Offer for any of the following reasons: Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not Offeror fails to meet the responsibility requirements of ORS 279B.110.

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

• Offeror 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.

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

• Offeror 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.

limited to the requirement that Offeror’s authorized representative sign the offer.

3.3.8 Opening of Offers

There will be no public Opening of Offers. Offers 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 Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

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

3.4.1 Offeror Information and Certification Sheet

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

3.4.2 References

Provide at least two references from current or former client firms for similar projects performed for any clients within the last 5 years. References must verify the quality of previous, related Work.

3.4.3 Costs

Stating the total price for the entire project. Include a breakdown of all labor, profit and expenses.

3.4.4 Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer 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), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror 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 Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

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

3.5 EVALUATION PROCESS

3.5.1 Responsiveness and Responsibility Determination

Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content

Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror.

However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting a offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

3.5.2 Evaluation Criteria

Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

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

Criteria 1: Experience and Expertise (Maximum Points: 10)

• Demonstrated experience in facilitating and managing advisory group processes.

• Previous experience working with government agencies or similar stakeholders.

• Experience in developing engagement frameworks for collaborative projects.

• Knowledge of legislative processes and program framework development.

Familiarity with environmental or policy-related projects.

Criteria 2: Communication and Coordination Skills (Maximum Points: 20)

• Strong communication skills, both written and verbal.

• Ability to effectively coordinate with the DSL project team and state agency partners.

• Proven track record in preparing and distributing meeting materials and agendas in a timely manner.

• Effective communication strategies for engagement with the public and stakeholders.

Criteria 3: Facilitation and Meeting Management (Maximum Points: 20)

• Demonstrated ability to facilitate productive and inclusive meetings.

• Experience in managing virtual and hybrid meetings, utilizing platforms like Zoom or

Microsoft Teams.

• Track record in handling public comment periods during meetings.

• Ability to document meeting proceedings accurately and efficiently.

Criteria 4: Project Understanding and Approach (Maximum Points: 20)

• Clear understanding of the scope of work outlined in Phase 1 and 2.

• Thoughtful approach to conducting interviews with state agency partners and gathering input.

• Demonstrated ability to develop consensus-based recommendations for the ADV

Workgroup.

Criteria 5: Time Management and Responsiveness (Maximum Points: 20)

• Ability to meet the estimated meeting schedule and deadlines.

• Prompt responsiveness to communication with the DSL project team and ADV Workgroup.

Criteria 6: Cost (Maximum points 10)

Total Possible Points: 100

3.6 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: stablishing a Competitive Range

• Additional Submittal Items

• Interviews

• Best and Final Offers

If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors 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 Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.7 PREFERENCES

3.7.1 Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the cost for any Offeror proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score.

3.7.2 Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror 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.

3.7.3 Tiebreakers

Oregon Supplies: If Agency receives Offerors 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.

3.8 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 100) assigned by each evaluator.

Points are the total possible value for each section as listed in 3.5.2.

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 Offeror(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 Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.1.3 Insurance

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

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. .

4.1.4 Taxpayer Identification Number

The apparent successful Offeror 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 Offeror 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.

4.1.5 Business Registry

If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror 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.

4.2 CONTRACT NEGOTIATION

4.2.1 Negotiation

After selection of a successful Offeror, Agency may negotiate the Statement of Work.

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

In the event that the parties have not reached mutually agreeable terms within 10 calendar days, Agency, at its discretion, may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

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:

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

If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) 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 an Offer in response to this solicitation, Offeror 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 Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz 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 OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers 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 Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.6 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, 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, Offeror shall include information in its offer 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.

5.8 RECYCLABLE PRODUCTS

Offeror 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)

http://www.oregon.gov/DAS