RFP-Board_PsychEval_2nd_final_dojAppr.docx

State of Oregon

Cover Page Oregon Board of Parole and Post-Prison Supervision Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-DASOBO-00016699 for conduct forensic PSYCHOLOGICAL, psychiatric, or psychosexual evaluation SERVICES for adults in custody Date of Issue: 04/22/2026 Opening (closing) Date and Time: 05/13/2026 / 2:00 pm

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.

RFP_S-DASOBO-00016619_Board-PSYCH-EVAL-SERVCS 2 of 27 Table of Contents

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D SERVICE CATEGORY

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

GENERAL INFORMATION

INTRODUCTION

The State of Oregon (“State”), acting by and through the Department of Administrative Services, State Procurement Services (“DAS SPS”), for the benefit of the Oregon Board of Parole and Post-Prison Supervision (“Board” or “Agency”), is issuing this Request for Proposal under the provisions of ORS 279B.060 for Forensic:

Psychological Psychiatric Psychosexual Evaluations for Adults in Custody (“Evaluation”/”Service Category(ies)”).

Other related services may be requested by the Board such as virtual Consulting and Training Services (“Other Services”) related to interpretation and understanding Forensic Psychological, Psychiatric, and Psychosexual Evaluations for adults in custody.

Some evaluations require expertise in adolescent development and this RFP will ask proposers to provide evidence of such expertise.

Additional details on the Scope of services are included in Attachment A Sample Contract Exhibit A Statement of Work, and RFP Section 2.4.

DAS SPS anticipates the award of multiple Contracts from this RFP. DAS SPS intends to award by service category.

The initial term of the Contract is anticipated to be 4 years with options to renew.

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.

RFP Protest Period Ends

7 calendar days prior to RFP Opening

SINGLE POINT OF CONTACT (SPC)

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

AUTHORITY, OVERVIEW, AND SCOPE

SINGLE POINT OF CONTACT

DAS SPS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246-0170(2).

DAS SPS is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. DAS SPS may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Terminology specific to the OregonBuys system may be found at: OregonBuys.

Evaluations Requiring Expertise in Adolescent Development: means specialized forensic assessments that apply developmental science on adolescent development to adults who were under 18 at the time of their crime, including the transitional period between childhood and adulthood characterized by significant neurobiological, cognitive, and psychosocial maturation. In addition to containing the content typical of a forensic psychological or psychosexual evaluation, the evaluation analyzes transient immaturity, assessing the AIC’s growth in cognitive control and emotional regulation to help the Board determine current risk and rehabilitation status. AIC or “Adult(s) In Custody”: means a person or persons incarcerated or detained in a correctional facility who is accused of, convicted of or sentenced for a violation of criminal law or for the violation of the terms and conditions of pretrial release, probation, parole, post-prison supervision or a diversion program. As defined in ORS 30.642.

Evaluation: means a forensic Psychological, Psychiatric, Psychosexual, or Adolescent Development evaluation of an adult in custody under ORS 144.098, 144.120, 144.125, 144.226 and 144.397.

Expertise in Adolescent Development: means a specialize education background in one or more of the following:

· Neurobiological Maturation: The "developmental imbalance" where the socioemotional system (reward-seeking) matures faster than the cognitive control system (self-regulation), leading to a peak in sensation-seeking and impulsivity during adolescence.

· Psychosocial Maturity: The evolving capacity to resist peer pressure, weigh long-term consequences, and manage emotional reactivity. Development in these areas often follows a non-linear path with periods of regression.

· Unformed Character: The legal and psychological premise that a juvenile's personality is still in flux, making them more "capable of reform" and their crimes often "out-of-character" compared to adults.

Other Services: Includes consulting and training services that may be requested by the Board.

Psychiatric Evaluation: means a forensic assessment conducted by a licensed psychiatrist to provide an objective, evidence-based profile of an individual’s mental and emotional status,, diagnosis of any disorders, and any risk the individual may pose to public safety. Evaluations should include analysis as to the individual’s risk for future violent and criminal conduct and include forensic and mental health testing appropriate for the individual’s personal and criminal history. Evaluations should focus on the individual’s personality structure, cognitive functioning, and behavioral patterns, and any other information the psychologist deems relevant to the individual’s mental or emotional condition or the individual’s risk to public safety. Evaluations should include what supervision conditions are warranted to protect the public or assist in the reformation of the individual if released.

Psychological Evaluation: means a forensic assessment conducted by a licensed psychologist to provide an objective, evidence-based profile of an individual's mental and emotional status, diagnosis of any disorders, and any risk the individual may pose to public safety. Evaluations should include analysis as to the individual’s risk for future violent and criminal conduct and include forensic and mental health testing appropriate for the individual’s criminal and personal history. Evaluations should focus on the individual’s personality structure, cognitive functioning, and behavioral patterns, and any other information the psychologist deems relevant to the individual’s mental or emotional condition or the individual’s risk to public safety. Evaluations should include what supervision conditions are warranted to protect the public or assist in the reformation of the individual if released.

Psychosexual Evaluation: means a specialized forensic psychological assessment conducted by a licensed psychologist or psychiatrist to provide an objective, evidence-based profile of an individual's mental and emotional status, diagnosis of any disorders, and any risk the individual may post to public safety. Evaluations should include analysis as to the individual’s risk for committing future sexual offenses and violent and/or relevant criminal conduct and include forensic and mental health testing appropriate for the individual’s criminal and personal history. Evaluations should focus on the individual’s personality structure, cognitive functioning, and behavioral patterns, and any other information the psychologist deems relevant to the individual’s mental or emotional condition or the individual’s risk to public safety. Evaluations should include what supervision conditions are warranted to protect the public or assist in the reformation of the individual if released.

OVERVIEW AND PURPOSE

Agency Overview The Board is responsible for making critical public safety decisions regarding Adults in Custody (AIC),AIC’s who are incarcerated in the Department of Corrections, as well as those who are on supervision in the community. The Board also determines the release date of certain high-level AIC. The Board’s decision-making is governed by Oregon Revised Statute, administrative rule, and case law. To affirm or defer a projected parole release date, the Board must determine whether an individual suffers from a present, severe emotional disturbance such as to constitute a danger to the health or safety of the community, or whether an individual has a mental or emotional disturbance, deficiency, condition or disorder predisposing him/her to the commission of any crime to a degree rendering him/her a danger to the health or safety of others. For cases where the individual committed their crimes as a juvenile, the Board must determine based on the consideration of the age and immaturity of the person at the time of the offense and the person’s behavior thereafter, if the person has demonstrated maturity and rehabilitation The Board makes such findings after considering information submitted for a hearing, information from the Board’s record, and recent psychological examinations. The Board’s findings govern whether an AIC will be given a firm release date, or if the projected release will be deferred two (2) to ten (10) years.

Project Background; Purpose The Board is issuing this Request for Proposal for qualified providers to conduct Forensic Psychological, Psychiatric, Psychosexual Evaluation Services.

The Oregon Department of Corrections’ (“ODOC”) mission is to protect communities, promote accountability, and transform lives. ODOC protects public safety, holds offenders accountable, and requires them to take personal responsibility – both for their crimes and for their behavior within ODOC institutions. And ODOC allows for rehabilitation or reformation through programs and services. This combination ultimately contributes to successful reintegration back to society. ODOC currently has 11 institutions located throughout the State. The Board might require an AIC to have a Forensic Psychology, Psychiatric, Psychosexual Evaluation in the institutions located in the following communities:

Western Oregon:

Eastern Oregon:

Purpose The Board desires to contract with one or more qualified Proposers to conduct Forensic Psychological, Psychiatric, Psychosexual Evaluations of selected AIC, to provide an evaluation report on a case-by-case basis. The report will assist the Board in determining the AIC’s appropriateness for release to the community in accordance with ORS 144.226 and OAR 255.

SCOPE OF WORK/SPECIFICATIONS

See Attachment A, Sample Contract, Exhibit A Statement of Work for further detail.

Under the provisions of ORS 279B.060 for Forensic Psychological, Psychiatric, Psychosexual, Evaluations for Adults in Custody (“Evaluation”). Other related virtual services may be requested by the Board such as Consulting and Training Services (“Other Services”) related to for example a specific individual Evaluation, the Evaluation process in general and related changes to maintain unison perspective, and other key items that arise throughout the Term of this Contract.

A successful Proposer(s) will evaluate the AIC, in a case-by-case basis and provide a comprehensive report for each evaluated AIC. The successful Proposer(s) and DAS SPS will agree to negotiate and finalize the Statement of Work after the Notice of Intent to Award.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets the following requirements of this section. Proposer shall:

Have at least two years of experience in conducting Forensic Psychiatric, Psychological, or Psychosexual examinations of individuals in the criminal justice system.

Have performed a minimum of 25 evaluations.

Be licensed with State Board of Psychologist Examiners and be in good standing. Submission of a proposal and signature on the Cover Sheet certifies Proposer’s licensure and good standing.

Disclose to the Board any disciplinary action or sanction which has been imposed by any licensing body.

Have no history of felony conviction for the last five years. Submission of a proposal and signature on the Cover Sheet certifies Proposer has no felony convictions for the prior five years.

Carry or obtain prior to Contract execution, insurance at the minimum levels stated in this solicitation. Certificates of coverage must be received and verified by the SPC prior to execution of Contract.

Be available if the Board selects, at random, to provide quality assurance testing on the Psychiatric, Psychological, Psychosexual evaluations.

All work shall be completed by the Proposer; Proposer may not subcontract the Work.

MINIMUM SUBMISSION REQUIREMENTS

Proposal Submissions To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

Resumes / Key Persons Work Samples Any remaining required forms or required criteria Disclosure Exemption Affidavit (Attachment B) Proposer Information and Certification Sheet (Attachment C) Service Category (Attachment D) Cost Proposal Form (Attachment E) Certified Disadvantaged Business Outreach Plan (Attachment F) Responsibility Inquiry (Attachment G) Proposal Format and Page Limits 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.

Proposer should submit its Proposal in two attachments, via Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

Proposal is limited to 16 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation.

The following items will not count toward the page limit:

Resumes / Key Persons Work Samples OregonBuys Electronic Response Proposer should submit its Proposal electronically through OregonBuys. Proposer should follow the procedures outlined in the OregonBuys Vendor Formal Solicitation Response.pdf for electronic submission.

Proposer shall submit an electronic copy of the Proposal, bearing the signature of Proposer’s Authorized Representative.

Authorized Representative Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by DAS SPS.

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Services to be performed. A Proposal that merely offers to provide the goods or services as stated in this RFP and may be considered non-Responsive to this RFP and will not be considered further.

Proposal 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 required information is difficult to locate.

Expertise in Adolescent Development - Yes/No Proposer shall include materials that show expertise in adolescent development (Defined above in 2.2) if Proposer would like to be considered for evaluations requiring such expertise.

Disclosure Exemption Affidavit (Attachment B) – Pass/Fail Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

Proposer Information and Certification Sheet (Attachment C) – Pass/Fail Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C).

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

Service Category (Attachment D) – Pass/Fail Proposer shall indicate each Type of Evaluation that will be included their submittal on this certain Attachment.

Cost Proposal (Attachment E) – Pass/Fail Proposer shall submit a detailed all-inclusive Cost Proposal (Attachment E). The requirements of the Cost Proposal (Attachment E) can be found as a separate Attachment in the e-procurement system, OregonBuys. The Cost Proposal must be submitted as a separate electronic file.

Certified Disadvantaged Business Outreach Plan (Attachment F) – Pass/Fail If the Contract has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F).

Responsibility Inquiry (Attachment G) – Pass/Fail Proposer shall be required to complete and submit Attachment G — Responsibility Inquiry to be submitted with the Proposal Response.

Resumes– (Scored) 40 possible points Proposer shall submit Resumes for each key person(s) that will provide Services. Provide Resumes of executives and Key Persons that will be assigned to perform the Services. Describe relevant experience and qualifications of Key Persons to be assigned to this project. Explain to what extent these individuals will be committed to the project.

Work Samples (2) – (Scored) 60 possible points Proposer shall submit (2) Work Samples that reflect similar type of Services being requested. Each Work Sample shall also include a description of the relevant experience.

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

PRE-PROPOSAL CONFERENCE

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

QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify Proposer’s name and contact information;

Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

SOLICITATION PROTESTS

Protests to RFP Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Scope of Services, and the Sample Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest as provided below.

Protests to Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Requirements for Protests All protests must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based; and State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule. Protests to an Amendment must be received by the due date identified in the Amendment.

PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. DAS SPS is not responsible for any delays in mail or by common carriers or by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery through OregonBuys Proposal submission should be electronically through OregonBuys at: www.OregonBuys.gov.

Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf.

PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it must submit a Written notice signed by an authorized representative of its intent to withdraw to the SPC via email prior to the Opening (Bid Closing) in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must also be received prior to Opening.

A Proposal received after Opening is considered LATE and will NOT be accepted for evaluation. A late Proposal will be returned to the Proposer or destroyed.

PUBLIC OPENING

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 of Intent to Award is issued. However, DAS SPS will record and may make available the identity of all Proposers after Opening.

PROPOSAL REJECTION

DAS SPS may reject a Proposal for any of the following reasons:

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

Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

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

Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

Proposer attempts to influence a member of the Evaluation Committee.

Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

EVALUATION PROCESS

Responsiveness and Responsibility Determination Responsiveness Determination A Proposal received prior to Opening will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Section 3.1 (Minimum Qualifications) and Section 3.2 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Evaluation Criteria Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members (“ECM”) may change and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this Section 4.10.2 up to the maximum points available as specified in Section 4.11 (Point and Score Calculation).

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

Resumes / Key Persons How well does the Proposer meet the criteria?

Work Samples / Experience How well does the work sample meet the criteria?

PREFERENCES

Oregon Supplies and Services Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 3% from the price for any Proposer proposing all Services performed entirely in Oregon before calculating the price score.

Reciprocal Preference For evaluation purposes per OAR 125-246-0310, Agency shall add a percentage increase to each out-of-state Proposer's Proposal price that is equal to the percentage preference, if any, given to a Resident Proposer in the Proposer's state.

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

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

POINT AND SCORE CALCULATIONS

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

Points are the total possible for each section as listed in the table above.

The SPC will add all scores for each evaluation criterion submitted by the Evaluation Committee Members (“ECM”). The SPC will divide by number of ECM’s to reach the average score for that criterion. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 50, 40, and 46 for criterion worth 50 points. The SPC adds 50, 40, and 46 for a score of 136 and divides by 3 or whatever number of people are on the ECM team. Proposer A’s points for the criterion is 45.3, respectively 45.

RANKING OF PROPOSERS

The SPC will average the scores for each Proposal in a given round of competition (calculated by totaling the points awarded by each ECM and dividing by the number of members).

After any applicable preference has been applied, the SPC will determine the rank of each Proposal, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

Agency may, in Agency’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

NEXT STEP DETERMINATION

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

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers Competitive Range Determination If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

Award Consideration Agency, if it awards a Contract, will award Contract(s) to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope of Work described in this RFP.

Intent to Award Notice Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

INTENT TO AWARD PROTEST

Protest Submission An Affected Proposer shall have 7 calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive.

Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

Agency abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

Agency’s evaluation of Proposal or determination of award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If Agency receives only one Proposal, Agency may withhold the evaluation process and Intent to Award protest period and proceed with Contract Negotiations and award.

Protest Requirements Protests must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify Proposer’s name and contact information;

Be signed by an authorized representative of Proposer;

Specify the grounds for the protest; and Be received within 7 calendar days of the Intent to Award notice.

Response to Protest DAS SPS will address all timely submitted protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer(s) who are selected for a Contract award under this RFP will be required to submit additional information and comply with the following:

Taxpayer Identification Number Proposer shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form when requested by Agency or when the backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

Pay Equity Certification If selected for award and the Contract value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to Agency a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services. For instructions on how to obtain the Certificate, visit https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx.

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the Price Agreement.

Nondiscrimination in Employment As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

PRICE AGREEMENT NEGOTIATION

Negotiation After selection of a successful Proposer, DAS SPS may enter into Contract negotiations with the successful Proposer(s). By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with, the exception of those terms listed below for negotiation.

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to DAS SPS during the Questions / Requests for Clarification period set forth in Section 1.2. If DAS SPS agrees to make any requested changes to the Sample Price Agreement, DAS SPS will issue an Amendment to notify Proposers of such changes. Unless DAS SPS issues an Amendment modifying any of the terms and conditions, DAS SPS intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

Following the selection of the apparent successful Proposer, DAS SPS may agree to negotiate changes to the negotiable provisions of the Sample Price Agreement listed below. However, DAS SPS is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

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

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

Choice of law Choice of venue Constitutional requirements Requirements of applicable federal and State law In the event that the parties have not reached mutually agreeable terms within 30 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

ADDITIONAL INFORMATION

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.

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 Price Agreement has potential subcontracting opportunities, the successful Proposer may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

GOVERNING LAWS AND REGULATIONS

This RFP is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this RFP, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section 6.2 be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any claim or consent to the jurisdiction of any court.

OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Agency issues the Notice of Intent to Award. Application of the Oregon Public Records Law will determine whether any information is exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of the Agency. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer, except in the case of Proposals that were submitted late and rejected by Agency.

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Proposals in-whole or in-part, or may cancel this RFP at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor any State agency is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP or a Contract award, or the rejection of any Proposal.

COST OF SUBMITTING A PROPOSAL

Proposer shall pay all costs incurred in connection with its Proposal, including, but not limited to, the costs to prepare and submit the Proposal, costs of samples and other supporting materials, costs to participate in demonstrations, and costs associated with protests.

STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Proposal that demonstrates compliance with the Statewide E-Waste/Recovery Procedure #107-011-050_PR. Visit the DAS website www.oregon.gov/das and use the search bar feature to locate the procedure.

RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work described in this RFP and the subsequent Contract. (ORS 279B.025) image1.jpeg