RFP_BE Listening Sessions_final.pdf

OregonBuys Bid #S-34000-00003398

STATE OF OREGON

COVER PAGE

Oregon Department of Environment Quality is issuing this Intermediate Procurement under OregonBuys Bid #S-34000-00003398 for

ENGAGING IMPACTED COMMUNITIES IN LISTENING

SESSIONS FOR THE BUILT ENVIRONMENT PROGRAM

Date of Issue: 6/17/2022

Opening Date: 7/20/2022 at 2:00 PM

Single Point of Contact (SPC): Stephanie Brandon, Procurement & Contracts Specialist

Address: 700 NE Multnomah Street, Suite 600 City, State, Zip Portland, OR 97232 Phone (voice) 503-229-5057 E-mail: BIDSDEQ@deq.oregon.gov mailto:BIDSDEQ@deq.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 AND PURPOSE

2.4 SCOPE OF WORK/SPECIFICATIONS

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROCUREMENT PROCESS

3.4 OFFER CONTENT REQUIREMENTS

3.5 EVALUATION PROCESS

3.6 PRICE EVALUATION (0-10 points)

3.7 NEXT STEP DETERMINATION

3.8 PREFERENCES

3.9 POINT AND SCORE CALCULATIONS

3.10 RANKING OF OFFERORS

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 CERTIFIED FIRM PARTICIPATION

5.2 GOVERNING LAWS AND REGULATIONS

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES

5.5 COST OF SUBMITTING AN OFFER

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

5.7 RECYCLABLE PRODUCTS

5.8 PRINTING, BINDING, AND STATIONERY WORK

5.9 CHECKLIST DISCLAIMER

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D [RESERVED]

ATTACHMENT E PRICE PROPOSAL (Offeror will provide)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Environmental Quality, (“Agency” or “DEQ”), is issuing this Intermediate Procurement for services to work collaboratively with Agency staff to design and facilitate listening sessions for DEQ’s Built Environment Program, lead outreach strategy for engaging Impacted Communities in the sessions, and assist in developing a proposed work plan for the Built Environment Program.

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 12 months. Contract may be extended for additional time but will not exceed 2 years.

Agency’s anticipated budget for this Contract, including participant stipends, is approximately $120,000.

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 solicitation.

Event Date Time

Pre-offer Conference June 28, 2022 11:00 AM

Questions / Requests for Clarification Due June 29, 2022 2:00 PM

Opening (offer Due) July 20, 2022 2:00 PM

Issuance of Notice of Award (approx.) August 12, 2022

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

“Impacted Communities” includes, but is not limited to, people who identify as one or more, and community-based organizations which represent one or more, of the following identities: BIPOC, low-income, rural, LGBTQIA2S+, disabled, elders, youth, renters, houseless, refugees, immigrants, undocumented, and frontline.

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

2.3 OVERVIEW AND PURPOSE

The Built Environment (BE) program is within the Materials Management (MM) Program at Oregon DEQ. The Agency’s mission is to be a leader in restoring, maintaining, and enhancing the quality of Oregon’s air, land, and water. The 2050 Vision and 2020 Framework for Action guide the work of the MM Program. The Vision describes a future in which “Oregonians in 2050 produce and use materials responsibly: conserving resources, protecting the environment, and enhancing well-being.”

DEQ identified the BE program as a priority life cycle program for the MM Program in the Framework for Action because of the significant impact it has on the natural environment, ecosystems, people, and more-than-human beings. Buildings account for 30 percent of Oregon’s consumption-based greenhouse gas emissions – 8 percent due to construction materials. Nearly one-third of Oregon’s waste stream is made up of construction and demolition waste. The built environment affects human health through exposure to toxics in materials, proximity to polluting industrial uses, indoor environmental quality, and vulnerability during natural disasters. In addition, the built environment has played, and continues to play, a role in the structural inequities that exacerbate the burdens of the climate and health crises, environmental justice and economic opportunities for BIPOC, low-income, rural, and other frontline communities.

Given the complexity and vast scale of the built environment, the breadth of impacts to be addressed, and the systemic injustices that lead to more burden for some people and communities, DEQ determined that a strategic plan was necessary to guide this work. The inaugural Built Environment Strategic Plan (BESP) was developed in 2021 with a 14-person steering committee of both DEQ and non-DEQ representatives with various expertise and lived experience in the built environment, equity, and community engagement. The BESP was published in February 2022.

The BESP centers equity, environmental justice, racial justice, and well-being and prioritizes co-creation and building relationships. The mission of the BE program is to build relationships, influence policy and support work that accelerates progress toward eliminating the harmful impacts of the built environment, enhancing the well-being of people and place (both natural and human-made), and creating a just future for all beings. Within the BESP, guidance and priority areas of work are identified to guide the work of the BE program.

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 https://www.oregon.gov/deq/FilterDocs/MManagementOR.pdf https://www.oregon.gov/deq/mm/Documents/mmFramework2020.pdf https://www.oregon.gov/deq/mm/production/Pages/Strategic-Plan.aspx

The guidance is used to prioritize and select the work of the BE program, establish principles for how the work is done, and guide who is engaged in the work. Work which the BE program leads, participates in, or supports should (and will prioritize projects which) address all six areas of guidance:

1. Justice (environmental and racial), equity, diversity, and inclusion

2. Systems thinking

3. Capacity, relationships, and trust

4. Access and decentralized power

5. Iteration and emergence

6. Well-being

The steering committee identified several work areas as high impact and high priority. In addition to addressing all six areas of guidance, work prioritized by the BE program should fall within one or more of the identified priority areas of work:

• Building relationships and capacity

• Climate and resilience

• Design justice and stewardship

• Housing

• Infrastructure

Key to doing the work that the BESP has imagined is building relationships and trust which is why this is included both as guidance to be applied to all projects and as its own priority area of work. Historically and currently, decision-making power has been held by a few (including agencies and businesses) while the decisions being made impact all communities and disproportionately burden BIPOC, low-income, rural, and other frontline communities. The BESP requires a restructuring where all communities, especially those most impacted, are fully integrated into the processes which will affect their own communities and well-being. This decentralizes power and leadership, expands access, builds capacity and agency, and lifts up lived experience to inform the process, projects, and outcomes of the BE program.

To invite co-creation, relationship building, and to center equity, environmental justice, racial justice, and well-being, the BE Program has outlined a 2022 work plan which will provide a significant foundation of information to continue to inform the work of the BE program in 2023 and beyond.

The BE listening sessions are an important component of this foundation work. The listening sessions will provide quantitative as well as qualitative data about the lived experiences that people and communities in Oregon and beyond have in, and because of, Oregon’s built environment. It will also provide insights into the opportunities for the BE program’s projects, or support of others’ projects, to influence design and decision-making by industries and governmental bodies.

The listening sessions align directly with two priority areas of work (building relationships and capacity; and design justice and stewardship) and all six areas of guidance. In fact, the listening sessions were included as an emerging idea in the BESP under the building relationships and capacity priority area of work. As described in the “Onward” section of the BESP, “the essential first step requires the BE program to focus on deep listening and building relationships. It is critical to take the necessary time to build trust and cultivate a community of partners, particularly centering people and communities who are most burdened by the impacts of the built environment. This engagement must be focused on listening and learning – being influenced by more voices, learning what others are prioritizing and need, learning what others are already doing, identifying opportunities to support, and empowering the people and communities who are most impacted to have agency and decision-making power in their built environments.”

The BE program has determined three main goals for the listening sessions:

1. Communicate the Agency’s BE program, why the Agency is prioritizing the built environment, and the guidance and priority areas of work identified in the BESP which guide the decision-making process and work of the BE program.

2. Connect with three audiences (Impacted Communities; governing bodies; and industry) to learn about their priorities and needs relative to the built environment. Specifically, the listening sessions will center those who are most impacted by the built environment.

What is learned will inform how the BE program prioritizes projects and funding in 2023 and beyond to support Oregon’s communities and partners.

3. Build relationships, trust, and accountability through continued dialogue, demonstrated follow through and care. This includes communicating how input from participating partners will inform and guide the BE program’s work including current and future opportunities for partnership, funding, and capacity-building.

2.4 SCOPE OF WORK/SPECIFICATIONS

Agency is seeking a Contractor to work collaboratively with Agency staff to design and facilitate listening sessions for the BE Program, lead outreach strategy for engaging Impacted Communities in the sessions and assist in developing a proposed work plan for the BE program.

The selected Contractor will review the current design of the listening sessions and work with Agency staff to finalize the design to align with the stated goals, lead the approach to engaging audiences with a focus on Impacted Communities, disburse stipends to Impacted Community participants, assist in the development of culturally-relevant and approachable outreach and session materials, co-facilitate the Impacted Community listening sessions with Agency staff, provide notes from all meetings and listening sessions, and assist in the development of a final report to include a proposed work plan for 2023 and beyond for the BE program. The work will involve the following five tasks.

Task 1: Listening sessions review and design. Contractor will review preliminary listening session design and work with Agency staff to make adjustments and updates to best meet the stated goals of the listening sessions. Session design must include:

1. Number (e.g., multiple phases to attend per person/audience), length, frequency, and goals of each session as recommended for each audience type.

2. Number of participants across each audience type to ensure that Impacted Community participants’ voices are centered.

3. Timing of sessions including time of year, day(s) of week, and time(s) of day to ensure sessions are accessible.

4. Session format (e.g., virtual, in-person, hybrid) to ensure sessions are accessible.

5. Session content as recommended for each audience type.

6. Engagement tools and strategies to collect input with an emphasis on ensuring that all participants feel prepared and empowered to participate.

7. Follow up including both in-person (e.g., incorporated as a phase of the sessions) and written including, but not limited to, the final report and proposed work plan to demonstrate how input from participating partners has informed and guided the BE program’s planned work.

Task 1 deliverables will include (at a minimum):

• A markup of the preliminary listening session design.

• A draft and final outline and scope of the listening session design.

Task 2: Develop and lead outreach and engagement strategy. Contractor will lead the development of the outreach and engagement strategy for the listening sessions. The strategy can include recommendations for all audiences, but the primary focus should be on outreach and engagement of Impacted Communities. The outreach and engagement strategy should include, but is not limited to:

1. List of people and community-based organizations throughout the state who identify with and/or support those who identify with the Impacted Communities as described in Section 2.2, Definitions of Terms.

2. Summary of needs or priorities related to the built environment that the identified people and community-based organizations have made publicly available (e.g., The People’s Plan by Imagine Black, formerly PAALF).

3. Summary of existing meetings or forums that may provide a good venue for engaging members of Impacted Communities in the listening sessions.

4. Communication plan.

5. Outreach materials.

6. Proposed stipends to be provided.

Contractor will lead outreach and engagement, with support from Agency staff, based on Contractor’s plan. This will include working with people and community-based organizations to determine the most appropriate ways to engage them and/or their constituents in the listening sessions. Based on input from discussion with Impacted Community members, Contractor shall work with Agency staff to schedule Impacted Community listening sessions.

Task 2 deliverables will include (at a minimum):

• Draft and final outreach and engagement strategy report which includes, but is not limited to, the items described above.

• Scheduling of Impacted Community listening sessions.

Task 3: Co-facilitate Impacted Community listening sessions. Contractor will be present at all Impacted Community listening sessions and co-facilitate these sessions with Agency staff. It is assumed that listening sessions will take place virtually, however, Contractor should be prepared to attend and co-facilitate in person listening sessions as deemed necessary to best accommodate participants. For example, a lack of broadband internet access or a standing in-person community forum. Note that Agency intends to contract with additional consultants to provide written and live translation services. Currently listening sessions are planned to begin in fall 2022 and continue for 4-6 months, as necessary, to align with the stated goals.

Co-facilitation includes, but is not limited to, presenting background information, soliciting feedback through a variety of engagement tools and strategies, and leading discussions while ensuring all participants have the opportunity to share. Contractor will work with Agency staff to develop culturally-relevant and approachable session and preparation materials. Contractor will take and provide notes from all Impacted Community listening sessions.

Task 3 deliverables will include (at a minimum):

• Assist Agency with development of session and preparation materials.

• Attendance and co-facilitation at all Impacted Community listening sessions.

• Deliver meeting notes from all sessions to Agency.

Task 4: Disburse stipends to Impacted Community participants. Contractor will confirm attendance and disburse stipends to all qualifying participants in Impacted Community listening sessions, up to the maximum allotted funds of $50,000.

Contractor may pay the stipends prior to submitting for reimbursement from the Agency.

Reimbursements may be submitted monthly. Agency recognizes this may be a barrier for some proposers. Alternatively, Contractor may, after each listening session, invoice Agency for the number of participants who qualify for stipends then disburse stipends after receiving payment from Agency. The final stipend process will be negotiated with the selected Contractor during contract negotiation.

Task 4 deliverables will include (at a minimum):

• List of participants in attendance at each Impacted Community listening session.

• Proof of payment of stipends submitted with reimbursement request.

Task 5: Assist in development of final report and proposed work plan. Contractor will assist Agency in the development of the final report, to include review of drafts, and proposed work plan for 2023 and beyond for the BE Program.

Task 5 deliverables will include (at a minimum):

• Draft and final report and work plan.

Proposed Timeline This is a proposed timeline. Consultant may propose an alternative timeline based on their approach to delivering the services outlined in Section 2.4.1.

Final Contract executed: August/September 2022 Task 1: August/September – October 2022 Task 2: August/September – October 2022 Task 3: October 2022 – February 2023 Task 4: October 2022 – March 2023 Task 5: January – March 2023

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

RESERVED

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. Price 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 eProcurement system. Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys eProcurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any http://www.oregonbuys.gov/

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 be held at the date and time listed in the Schedule.

Prospective Offerors’ participation in this conference is highly encouraged but not mandatory.

The purpose of the pre-submittal conference is to:

• Provide additional description of the project;

• Explain the solicitation process; and

• Answer any questions Offerors may have related to the project or the process.

Statements made at the pre-submittal conference are not binding upon Agency. Offerors may be asked to submit questions in Writing.

3.3.3.1 Attendance at Pre-Offer Conference

The Pre-Offer Conference may be accessed via Zoom at the following link:

Join Zoom Meeting https://us02web.zoom.us/j/88552608510?pwd=TWtpTFUzYnJPQTZKT1Y3Kzd LOXk0dz09

Meeting ID: 885 5260 8510 Passcode: 166166

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

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fus02web.zoom.us%2Fj%2F88552608510%3Fpwd%3DTWtpTFUzYnJPQTZKT1Y3KzdLOXk0dz09&data=05%7C01%7CStephanie.BRANDON%40deq.oregon.gov%7C4320ebe7be234ee2953308da4fddc4e7%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637910111164889123%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=C1zTnt1U2DA68pSbRP9B%2ByBf%2F%2FitHn0vrQbTKJeayKU%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fus02web.zoom.us%2Fj%2F88552608510%3Fpwd%3DTWtpTFUzYnJPQTZKT1Y3KzdLOXk0dz09&data=05%7C01%7CStephanie.BRANDON%40deq.oregon.gov%7C4320ebe7be234ee2953308da4fddc4e7%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637910111164889123%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=C1zTnt1U2DA68pSbRP9B%2ByBf%2F%2FitHn0vrQbTKJeayKU%3D&reserved=0

OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in the OregonBuys Supplier Bid Solicitation Response document:

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

The Price Proposal (Attachment E) must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). 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). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

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

• 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.

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

• 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.

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 OFFER 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 Project Plan

Provide a Project Plan that describes how the Offeror will accomplish the tasks described in Section 2.4 Scope of Work. The Project Plan must incorporate all the information from Section 2.4 Scope of Work. The Project Plan must also include a proposed work schedule and timeline the Offeror will follow to produce the deliverables described in Section 2.4 Scope of Work

3.4.3 Project Team/Key Persons and Resumes

Provide a list of the specific individuals, including subcontractors, who would be assigned key positions for this project. Include, by individual, a description of their duties and responsibilities for this project. Attach up to a 2-page resume for each person identified as a Key Person on the Project Team. The skills and experience of the staff assigned to the project must be comparable to those submitted in the Offer. Agency will determine comparability. If a Contract results from the Offer, substitutions or replacement of staff identified as Key Persons must be approved in advance by Agency.

3.4.4 Work Samples

Proposers shall provide at least two detailed work samples. Sample projects must be current, within the last five years. Sample projects must represent work that demonstrates Proposers previous experience providing services similar to this Offer’s requirements as outlined in Section

2.4 Scope of Work. Agency understands that Proposer may have a multitude of experiences that leads to their qualification for this work and that each of their prior work samples may not address this Offer’s requirements in full. Proposer may submit more than two detailed work samples to demonstrate equivalencies in their ability to provide the services described in Section 2.4 Scope of Work across multiple previous work samples. Proposer should describe these equivalencies.

For each sample project, Proposer shall include:

• An overview of each project, including project’s goals and objectives.

• A description of the services provided by the Proposer for the sample project.

• A description of experience designing engagement sessions including specific examples of the activities, tools, or strategies utilized that allow for a diverse group of people with different lived experiences and levels of comfort with the content to feel prepared and empowered to participate.

• A description of experience developing an outreach and engagement plan included specific engagement structures and/or methodologies that were used and the resulting outcomes.

• A description of experience facilitating engagement sessions with a diversity of people, especially centering the voices of those most impacted in the process.

• One reference. Proposer must include the reference’s name, title, role on the project, email address, and telephone number. Agency may contact reference to determine Proposer’s ability to comply with requirements of this RFP. Agency may use reference to verify information or obtain additional information. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

• Any other important and relevant information regarding the project.

3.4.5 Price

Submit a detailed Price Proposal (Attachment E, as a separate document created by proposer) stating the price for each deliverable and the total price for the entire project. Include a breakdown of all labor and expenses.

Identify hourly rates by classification for each Key Person on the project team. These rates will be used to estimate changes negotiated during Contract negotiations and changes resulting from Contract amendments, if any.

For the purposes of developing a Price Proposal the Agency offers the following proposed structure for the listening sessions. Note that these items will be discussed with the selected Contractor as part of Task 1 and are not assumed to be the final design parameters of the listening sessions, but instead to provide some additional information to assist the Proposer in responding to this RFP.

• Listening sessions may include multiple “phases” to provide multiple check ins with the same participants. The content and estimated time allotment for each phase is suggested as follows:

o Phase 1. Introduction (60 minutes) o Phase 2. Collection of input (90 minutes) o Phase 3. Debrief and discussion (60 minutes)

• A minimum of 30 people must participate in the Impacted Community listening sessions. The only limiting factor for maximum number of participants is the maximum allotted funds for stipends ($50,000). Based on best practice, stipends are recommended to be provided to each participant at the rate of $100 per hour.

• Travel expenses incurred by the Contractor for an in-person Listening Session deemed necessary as described in Section 2.4 will be reimbursed in accordance with the State of Oregon Travel Policy (https://www.oregon.gov/das/Financial/Acctng/Pages/Travel.aspx) and do not need to be included in the Price Proposal. A travel budget, if any, will be determined during Contract negotiations.

3.4.6 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 price 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 for each evaluation criterion listed below in this section up to the maximum points possible for each criterion.

https://www.oregon.gov/das/Financial/Acctng/Pages/Travel.aspx

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.

3.5.2.1 Project Plan (0-65 points possible)

The extent to which the Project Plan provided in response to the requirements of Section 3.4.2 Project Plan reflects an understanding of the critical activities required to complete each deliverable identified and the schedule by which the work in the Project Plan can be completed.

• How well does the Project Plan demonstrate Proposer’s understanding of the importance of, and the care which must be taken when, engaging the most impacted community members in processes which will impact their own communities and well-being? (15 points possible)

• How well does the Project Plan demonstrate Proposer’s ability to reach out to a diversity of impacted community members and organizations and engage them in a participatory process, especially one that is for a government entity? Does the Proposer understand the hesitation impacted community members and organizations may have and discuss specific strategies they will utilize? (15 points possible)

• How well does the Project Plan demonstrate Proposer’s ability to design engagement sessions which include activities, tools, or strategies that allow for a diverse group of people with different lived experiences and levels of comfort with the content to feel prepared and empowered to participate? (15 points possible)

• How well does the Project Plan demonstrate Proposer’s approach to facilitating engagement sessions with a diversity of people? (10 points possible)

• How well does the Project Plan demonstrate Proposer’s ability to translate input and feedback received into recommendations? (10 points possible)

3.5.2.2 Project Team/Key Persons Experience and Work Samples (0-25 points possible)

The extent to which the Project Team (including Sub-contractors, if listed) and Key Person’s resumes reflect the experience as outlined in Section 3.4.3 Project Team/Key Persons and Resumes and the Work Samples reflect the Proposers previous experience providing services similar to this Offer’s requirements as outlined in Section 3.4.4 Work Samples.

• How well, through resumes and work samples, does the Proposer demonstrate the Project Team/Key Persons representative experience to lead outreach centered on engaging impacted communities? (10 points possible)

• How well, through resumes and work samples, does the Proposer demonstrate the Project Team/Key Persons representative experience to design engagement sessions for a diverse group of people with different lived experiences and levels of comfort with the content to feel prepared and empowered to participate? (10 points possible)

• How well, through resumes and work samples, does the Proposer demonstrate the Project Team/Key Persons representative experience to facilitate listening sessions with a diversity of people? (5 points possible)

3.6 PRICE EVALUATION (0-10 points)

The SPC will conduct the price evaluation. The SPC will award a score to each Price Sheet based upon the percentage of the proposed price as compared to the lowest Offeror’s price using the following formula:

lowest price of all Offerors X price points possible = price score price being scored

3.7 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 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.

3.8 PREFERENCES

3.8.1 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.

3.8.2 Tiebreakers

Oregon Supplies: If Agency receives Offerors 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 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

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

Price points are calculated as stated in the Price Evaluation section.

Each evaluator will assign scores to each evaluation item (A-B) listed in the table below and then sum those scores to arrive at a total score for each Proposal.

The SPC will average the total scores for each Proposal (calculated by summing the total points awarded by each evaluator and dividing by the number of evaluation committee members) to determine the final average score for each Proposal.

Points possible are as follows:

Evaluation Items

Maximum Points

Possible

A Project Plan (Section 3.5.2.1) 65

B Project Team, Key Person Experience & Work Samples (Section 3.5.2.2)

C Price (Section 3.6) 10

TOTAL POINTS POSSIBLE 100

3.10 RANKING OF OFFERORS

The SPC will total the final average score and price score for each Offer. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

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.

4.2 SUCCESSFUL OFFEROR SUBMISSION REQUIREMENTS

4.2.1 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. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit B of Attachment A) prior to offer submission.

4.2.2 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.

4.2.3 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.

4.3 CONTRACT NEGOTIATION

4.3.1 Negotiation

After selection of a successful Offeror, Agency may negotiate the Statement of Work as well as following terms and conditions:

• Term of Contract (Length of Contract)

• Prices or Compensation

• Delivery Schedules

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

SECTION 5: ADDITIONAL INFORMATION

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

5.2 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.

5.3 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 intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.4 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.

5.5 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.

5.6 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.

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

5.7 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)

5.8 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.

5.9 CHECKLIST DISCLAIMER

Any checklists that may be contained in this solicitation are provided only as a courtesy to prospective Offeror. Agency makes no representation as to the completeness or accuracy of any Checklist. Prospective Offeror 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 Offeror based upon, resulting from, or related to, Offeror’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 OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D [RESERVED]

ATTACHMENT E PRICE PROPOSAL (Offeror will provide)

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY