RFP_Electronic Equipment Lockers_S-DASOBO-00002498.pdf

RFP# S-DASOBO-00002498 Electronic Equipment Lockers

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 1 of 24

STATE OF OREGON

COVER PAGE

Department of Administrative Services, Enterprise Good and Services, Procurement Services on behalf of the Oregon State Police

ELECTRONIC EQUIPMENT LOCKERS

Request for Proposal (RFP)

S-DASOBO-00002498

Date of Issue: Friday, May 13, 2022

Closing Date and Time: Monday, June 13, 2022 @ 4:00PM PT

Single Point of Contact (SPC): Nathan C. Ramos, Procurement and Contracts Specialist

Address: 1225 Ferry St. SE

City, State, Zip Salem, OR 97301

Phone (voice) (971) 707-0016

E-mail: nathan.ramos@oregon.gov

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

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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

3.1 MINIMUM QUALIFICATIONS

3.2 MINIMUM SUBMISSION REQUIREMENTS

3.3 PROPOSAL REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

4.3 SOLICITATION PROTESTS

4.4 PROPOSAL DELIVERY OPTIONS

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

4.7 PROPOSAL DUE

4.8 PUBLIC OPENING

4.9 PROPOSAL REJECTION

4.10 EVALUATION PROCESS

4.11 POINT AND SCORE CALCULATIONS

4.12 RANKING OF PROPOSERS

4.13 NEXT STEP DETERMINATION

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.2 INTENT TO AWARD PROTEST

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.4 PRICE AGREEMENT NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

6.2 GOVERNING LAWS AND REGULATIONS

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES

6.5 COST OF SUBMITTING A PROPOSAL

6.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

6.7 RECYCLABLE PRODUCTS

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LIST OF ATTACHMENTS

Attachment A Sample Price Agreement

Attachment B Disclosure Exemption Affidavit

Attachment C Proposer Information and Certification Sheet

Attachment D Reference Check

Attachment E Price Proposal

Attachment F Certified Disadvantaged Business Outreach Plan

Attachment G Responsibility Inquiry

Attachment H Specifications

Attachment I Statewide Security Standards Spreadsheet

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Oregon Department of Administrative Services, Procurement Services (“DAS PS”), on behalf of the Office of Oregon State Police, (“Agency” or “OSP”), is issuing this Request for Proposal (“RFP”) for software-controlled electronic equipment lockers and system (“Locker System”).

Agency currently uses the ArmorerLink® barcode technology and firearm management system

(“ArmorerLink System” or “ArmorLink”) to track regularly assigned weapons and equipment to individual officers. ArmorerLink® also tracks when weapons and equipment are checked out, returned, and when undergoing maintenance and repair. The ArmorLink System also tracks officers’ training records.

Agency desires to obtain an Electronic Locker System to secure loaner weapons and equipment that are for temporary use due to maintenance and repair of regularly assigned weapons and equipment. The Agency would like the Electronic Locker System to interface with the current ArmorerLink System so that weapon and equipment check-in/check-out, repair, and maintenance can be seamlessly tracked and managed, but this is not a requirement. Vendors may have their own electronic software systems capable to track the above listed actives.

DAS PS anticipates the award of one (1) Price Agreement from this RFP.

The initial term of the Price Agreement is anticipated to be five (5) years with an option to renew for an additional five (5) years, for a potential total ten (10)-year term.

All lockers will be owned by the Agency, the agency will not be leasing the lockers.

All purchases under any resulting Price Agreement must be authorized by purchase orders or work orders issued by Agency in accordance with the ordering procedures described in Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific number or dollar amount of purchases, if any, under the Price Agreement.

Notwithstanding the Award of a Price Agreement, DAS PS may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services similar to what is described within this RFP using any method allowed by law.

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1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time.

All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Questions / Requests for Clarification Due Monday, May 23, 2022 4:00 PM

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

Wednesday, May 25, 4:00 PM

RFP Protest Period Ends Tuesday, May 24, 2022 4:00 PM

Closing (Proposal Due) Monday, June 13, 2022 4:00 PM

Issuance of Notice of Intent to Award (approx.) Monday, June 27, 2022 4:00 PM

Award Protest Period Ends Wednesday, July 6, 2022 4:00 PM

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information.

Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

DAS PS is issuing this RFP pursuant to its authority under ORS 279A.050 and OAR 125-246- 0140(1).

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

2.2 DEFINITION OF TERMS

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

“Electronic Locker System” means the software-controlled equipment lockers that tracks when weapons and equipment are checked-in, checked-out, and by whom and has accessed such weapons and equipment.

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2.3 OVERVIEW AND PURPOSE

2.3.1 Agency Overview and Background

The Oregon State Police is a multi-disciplined organization charged with protecting the people, wildlife, and natural resources in Oregon. OSP enforces traffic laws on the state’s roadways, investigates and solves crimes, conducts post-mortem examinations and forensic analysis, conducts background checks, and provides law enforcement data. OSP regulates gaming, the handling of hazardous materials, enforces fire codes, and educates the public on fire safety and enforces fish, wildlife, and natural resource laws.

Founded in 1931, OSP’s mission is to serve the State of Oregon with a diverse workforce dedicated to the protection of people, property, and natural resources.

OSP’s values represent the “moral compass” of the agency. OSP is committed to living these values every day and embodying them in its daily activities as public safety professionals:

Honor – We will honor the mission entrusted to us by preserving and protecting the public’s safety.

Dedication – We are dedicated to delivering excellent public safety services.

Loyalty – We are loyal to the agency’s public safety mission and the citizens we serve.

Compassion – We will serve all people and fulfill our duties with the utmost understanding and empathy.

Integrity – We will act with the highest level of responsibility and accountability in accordance with the public’s interest and trust.

2.3.2 Project Overview and Background and Purpose

The Oregon State Police currently does not have a method of storing department owned firearms in a secure storage area where control, access, and tracking are automated. The Agency’s current secured storage capabilities vary between each office and worksite where multiple people have access to store and retrieve firearms and, as a consequence, it is administratively cumbersome to manage the when, where, and why of firearms movement and storage.

The purpose of this RFP is to acquire secure storage that uses the latest available software technology to manage and log access. These software-controlled lockers will greatly enhance the safety, security, and accountability of not only the Agency’s firearms but also any other sensitive, consequential items that require both secure storage and access management.

2.4 SCOPE OF WORK/SPECIFICATIONS

As noted in Section 1.1 above, Agency currently utilizes the ArmorerLink System, which is used to track weapons and equipment that are regularly assigned to individual officers. The ArmorerLink System also tracks when weapons and equipment are checked out and

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 7 of 24 returned to the armorer and when weapons or equipment are undergoing maintenance and repair. The system also tracks officers training records.

Agency is in need of an electronic equipment Locker System that allows for the automated tracking of when lockers are accessed and by whom. Agency must, using its own resources, be able to easily configure and reconfigure the Physical aspects of the Locker System to accommodate its needs as they change from time to time. The software that controls the lockers may be capable of interfacing with the current ArmorerLink System so that the weapon and equipment use for each individual officer may be accessed by the Agency in one database, but this is not a requirement. Vendors may have their own electronic software systems capable of tracking the required information.

In addition, all lockers will be owned by the Agency, the agency will not be leasing the lockers and the Locker System must meet all State of Oregon information technology security standards as identified in more detail below in this RFP.

The Scope of this RFP includes all of the criteria a Proposer’s Locker System must meet in order to be eligible for acquisition by OSP: (i) the physical lockers owned by the Agency, (ii) the software that controls the lockers, including all enhancements, upgrades and changes,

(iii) capable of interfacing with Agency’s ArmorerLink System, but is not a requirement (iv) help desk support or repair services (or both) (v) shipping costs, (vi) replacement parts/components, (vi) warranties, and all other elements of a Locker System so that Agency has a system that meets all of its needs (vii) overseeing installation at multiple sites in Oregon.

Agency anticipates that it will purchase lockers throughout the term of the resulting Price Agreement. However, Agency makes no representations or warranties about the frequency and number of equipment lockers purchased, if any, and any decision to purchase any Locker System is at the sole discretion of the Agency.

Additional information is included in Attachment H (Specifications) and the Services included in Attachment E (Price Proposal).

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS

To be considered for evaluation, a Proposal must demonstrate how Proposer meets the following:

• Offers electronic equipment lockers that meet or exceed all mandatory specifications listed in Attachment H (Specifications) and provide the Services listed in Attachment E (Price Proposal).

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3.2 MINIMUM SUBMISSION REQUIREMENTS

3.2.1 Proposal Submission Items

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

• Exceptions to Sample Price Agreement (Attachment A)

• Disclosure Exemption Affidavit (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Checks (Attachment D)

• Price Proposal (Attachment E)

• Certified Disadvantage Business Outreach Plan (Attachment F)

• Responsibility Inquiry (Attachment G)

• Security Statement

• Response to Specifications (Attachment H)

3.2.2 Proposal Format and Quantity

Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

3.2.2.1 OregonBuys Electronic Response

If Proposer elects to submit its Proposal electronically, it must be submitted through OregonBuys. Proposer should follow the procedures outlined in Section 4 for electronic submission.

The Price Proposal must be submitted as a separate electronic response file.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure

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

3.2.2.2 Hard Copy Response

If Proposer elects to submit its Proposal by hard copy, Proposer shall submit its Proposal

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 9 of 24 and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12 point font. Proposer shall submit a copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, and no additional copies. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Proposer also shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

3.2.2.3 Other Electronic Media Response

If Proposer elects to submit its Proposal by other electronic media, Proposer shall submit one copy of its Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, on USB drive, DVD, or CD in one of the following formats:

Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit the electronic media that contains its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the package.

The total combined size of the Proposal and Coversheet should be compressed so it does not exceed 10 megabytes.

The Proposer Information and Certification Sheet (Attachment C) must bear the Proposer’s authorized representative’s Signature. If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS

192.311 through 192.478), Proposer shall submit a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall submit its Proposal in a sealed package addressed to the SPC with the Proposer’s name and the OregonBuys bid number clearly visible on the outside of the

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 10 of 24 package.

3.2.3 Signature by Authorized Representative

Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by DAS PS.

3.3 PROPOSAL REQUIREMENTS

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

The Proposal shall not include extensive artwork, unusual printing, or other materials not essential to the utility and clarity of the Proposal. The Proposal must not include marketing or advertising material unless expressly requested in this RFP. The Proposal should be straightforward and address the requirements of the RFP. A Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

If proposing an interface with ArmorerLink software the Proposal must clearly state how the Electronic Equipment Lockers will interface with the current ArmorerLink Software.

3.3.1 Exceptions to Sample Price Agreement (Attachment A) (Not Scored)

Proposer shall review Attachment A (Sample Price Agreement) and if Proposer has exceptions to the negotiable items in the Sample Price Agreement, Proposer shall provide a red lined version formatted in Microsoft Word (.doc or .docx) noting any exceptions.

If Proposer does not note exceptions to the Sample Price Agreement in the Proposal, Proposer shall provide a statement attesting as such.

In the event Proposer is the Successful Proposer but did not note any exceptions to the Price Agreement in its Proposal, Proposer will not have the right to negotiate any terms or conditions of the Price Agreement (other than those items listed as negotiable in Section 5.4 below of this RFP).

3.3.2 Disclosure Exemption Affidavit (Attachment B) (Not Scored)

Proposer shall complete and submit Attachment B (Disclosure Exemption Affidavit), and either:

• Designate on Exhibit A of Attachment B any Proposal items Proposer identifies are exempt or conditionally exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), or

• Designate on Exhibit A of Attachment B by entering “None” that Proposer does not identify any Proposal items as exempt from disclosure under Oregon Public Records

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Law (ORS 192.311 through 192.478) Proposer Information and Certification Sheet (Attachment C).

Price information is generally not considered a trade secret that is exempt from disclosure under the Oregon Public Records Law and identifying the Proposal, in whole, as exempt from disclosure is not acceptable.

3.3.3 Proposer Information and Certification Sheet (Attachment C) (Not Scored)

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.

3.3.4 Reference Check (Attachment D) (Scored)

Provide two (2) references from current or former client firms for which Proposer has provided similar Goods and Services within the last three (3) years. References must be able to verify the quality of previous, related Work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references.

Reference forms must be completed by the reference, returned to the Proposer, and submitted with the Proposal.

3.3.5 Price Proposal (Attachment E) (Scored)

Proposer shall complete and submit its Price Proposal (Attachment E). Only item one (1) of Attachment E will be used for the price evaluation and must include shipment and delivery in the overall price of each item. Proposer’s pricing for Services listed in Attachment E will not be used for the price evaluation.

3.3.6 Certified Disadvantage Business Outreach Plan (Attachment F) (Not Scored)

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

3.3.7 Responsibility Inquiry (Attachment G) (Not Scored)

DAS PS will determine if any apparent successful Proposer is Responsible prior to Award and execution of the Price Agreement. Proposer shall submit a signed Responsibility Inquiry Form (Attachment G) with Proposal.

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At any time prior to Award, DAS PS may reject a Proposer found to be not responsible.

3.3.8 Specifications (Attachment H) (Scored)

Proposer shall complete Attachment H, providing a detailed description of how or whether the specifications in Attachment H will be met in Column E. Additionally, in Column E, Proposer shall indicate the height, width, depth, color, and material of the lockers being proposed.

Additionally, Proposer shall provide a description addressing the following:

• How Proposer’s software interfaces with ArmorerLink if applicable. Is it capable of interfacing out of the box or will an API or other configuration need to be developed?

• Does Proposer’s software have a software code that is required to “talk” with ArmorerLink?

• Will Agency be required to do anything to make the connection between Proposer’s software and ArmorerLink work?

• If the Proposed Electronic Equipment Lockers do not interface directly with ArmorerLink, please describe the software system used to capture the data listed in Attachment H Specifications.

3.3.9 Security Statement (Not Scored)

Proposal must contain a statement attesting to Proposer's agreement that if awarded a Contract:

1. Proposer and Proposer's employees, agents, and subcontractors (“Proposer Personnel”) with access to State systems, facilities, data, and confidential information will submit to all security/criminal background checks requested by DAS or Agency, which may include any combination of fingerprinting, Oregon Law Enforcement Data Systems (“LEDS”) and Federal Bureau of Investigation Criminal Justice Information Services (“FBI CJIS”) background checks; and

2. Proposer and Proposer’s personnel shall sign a confidentiality and non-disclosure agreement for any and all data or information received or processed on its equipment from the State of Oregon; and Proposer will protect at all times State of Oregon sensitive material and information.

3. Successful Proposer shall assist Agency in documenting a System Security Plan following the Enterprise Information Services, Cyber Security Services security plan template found at:

https://www.oregon.gov/das/OSCIO/Documents/SystemSecurityPlan.docx.

4. If Proposer is proposing to provide an Electronic Locker System, it must meet or exceed the State of Oregon’s security standards as set forth in the following:

https://www.oregon.gov/das/OSCIO/Documents/SystemSecurityPlan.docx.

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• Privileged Access Monitoring and Reporting viewable at:

https://www.oregon.gov/das/Policies/107-004-140.pdf

• Statewide Information and Cyber Security Standards viewable at:

https://www.oregon.gov/das/OSCIO/Documents/2019StatewideI nformationAndCyberSecurityStandardsV1.0.pdf

• Statewide Agency Cloud Computing policy. State Agency to implement this policy, with the possible assistance of the Contractor. Policy is viewable at:

http://www.oregon.gov/das/policies/107-004-150.pdf

• Statewide policy “Statewide Acceptable Use of State Information Assets” and it’s accompanying “Acceptable Use Agreement” Policy is viewable at https://www.oregon.gov/das/Pages/policies.aspx#IT.

Prosper must include with their Proposal documentation regarding systems software including:

• Software License Agreements;

• Any third-party software contractor information;

3.3.10 Statewide Security Standards Spreadsheet (Scored)

Proposer shall complete and return Attachment I Statewide Security Standards Spreadsheet. Scoring will be based on completeness of spreadsheet.

SECTION 4: SOLICITATION PROCESS

4.1 PUBLIC NOTICE

The RFP and attachments are published in OregonBuys at https://oregonbuys.gov. RFP documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Addenda published in OregonBuys.

Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Addenda have been issued. Addenda are incorporated into the RFP by this reference.

4.2 QUESTIONS / REQUESTS FOR CLARIFICATIONS

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

• Be in writing,

• Be delivered to the SPC via email;

https://www.oregon.gov/das/Policies/107-004-140.pdf https://www.oregon.gov/das/OSCIO/Documents/2019StatewideInformationAndCyberSecurityStandardsV1.0.pdf https://www.oregon.gov/das/OSCIO/Documents/2019StatewideInformationAndCyberSecurityStandardsV1.0.pdf http://www.oregon.gov/das/policies/107-004-150.pdf https://www.oregon.gov/das/Pages/policies.aspx#IT https://oregonbuys.gov/

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• Reference the RFP 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.

4.3 SOLICITATION PROTESTS

4.3.1 Protests to RFP

A Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Addenda as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in Section 3.3.1 of the RFP and the Negotiations Section.

4.3.2 Protests to Addenda

Prospective Proposer may submit a Written protest of anything contained in the respective Addendum. Protests to Addenda, if issued, must be submitted by 5 p.m. Pacific Time of the second Business Day or the date/time specified in the respective Addendum, or they will not be considered. Protests of matters not added or modified by the respective Addendum will not be considered.

4.3.3 All Protests must:

• Be delivered to the SPC via email;

• Reference the RFP number S-DASOBO-00002498;

• Identify prospective Proposer’s name and contact information;

• Be signed and sent by an authorized representative;

• State the reason for the protest, including:

o the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and o evidence or documentation that supports the grounds on which the protest is based

• State the proposed changes to the RFP provisions or other relief sought; and

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

4.4 PROPOSAL DELIVERY OPTIONS

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

Delivery through OregonBuys

If Proposer elects to submit its Proposal electronically, it must be submitted through OregonBuys at: OregonBuys.gov

Detailed instructions on how to submit a Proposal through OregonBuys.gov can be found at:

https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%2 0Solicitation%20Response.pdf

If Proposer requires additional help, please contact the Supplier Help Desk at:

support.oregonbuys@das.oregon.gov or 1-855-800-5046 for assistance.

Alternative Delivery Option: Delivery through Mail or Parcel Carrier

4.5 A Proposal may be submitted through the mail or via parcel carrier and must be clearly labeled and submitted in a sealed envelope, package or box. The outside of the sealed submission must clearly identify the Proposer’s name and the OregonBuys bid number. It must be sent to the attention of the SPC at the address listed on the Cover Page.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in one of the authorized methods listed in Section 4.4 (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, or hard copy prior to the Opening in accordance with OAR 125-247-0440. To be effective the notice must include the OregonBuys bid number.

4.7 PROPOSAL DUE

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

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

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 mailto:support.oregonbuys@das.oregon.gov

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4.8 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 pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

DAS PS 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 those the SPC authorizes, or inappropriate contact with the SPC.

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

• The Proposal is conditioned on DAS PS’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 Addenda.

4.10 EVALUATION PROCESS

4.10.1 Responsiveness Determination

A Proposal received on or prior to Closing will be reviewed to determine if it is Responsive to all RFP requirements including compliance with Minimum Qualifications section and Minimum Submission Requirements section. If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the SPC Proposal may be rejected, however, DAS PS may waive mistakes in accordance with OAR 125-247-0470.

4.10.2 Responsibility Determination

DAS PS will determine if an apparent successful Proposer is Responsible prior to Award and execution of the Price Agreement. Proposer shall submit a signed Responsibility Inquiry form (Attachment G) with its Proposal.

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

4.10.3 Evaluation Criteria

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Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DAS PS 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 up to the maximum points available in the Point and Score Calculation section.

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

4.10.4 PRICE EVALUATION

Only item one (1) listed in Attachment E will be used for the price evaluation. Proposer’s pricing for Services listed in Attachment E will not be used for the price evaluation.

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

lowest price of all Proposers X price points possible price score price being scored

4.10.5 PREFERENCES

4.10.5.1 Reciprocal Preference

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

4.10.5.2 Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, DAS PS will select the Proposer offering 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.

4.10.5.3 Tiebreakers

Oregon Supplies: If DAS PS receives Proposals identical in price, fitness, availability, and quality and chooses to award a Price Agreement, DAS PS shall award the Price Agreement in accordance with the procedures outlined in OAR 125-246-0300.

https://www.naspo.org/reciprocity1

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4.11 POINT AND SCORE CALCULATIONS

TOTAL POINTS POSSIBLE : 700

POINTS POSSIBLE

3.3.4 Reference Check 100

3.3.5 Price Proposal 200

3.3.8 Specifications 300

3.3.10 Statewide Security Standards Spreadsheet 100

4.12 RANKING OF PROPOSERS

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

The SPC will combine the score for each Proposal with Proposer’s price score and reference score. After any applicable preference has been applied, SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

DAS PS may, in DAS PS’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, DAS PS 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.

4.13 NEXT STEP DETERMINATION

At the conclusion of a round of competition, DAS PS may choose to conduct additional round(s) of competition if it is in the best interests of the State. Additional rounds of competition may consist of, but may not be limited to:

• Interviews

• Presentations/Demonstrations/Additional Submittal Items

• Discussions and submittal of revised Proposals

• Serial or simultaneous negotiations

• Best and Final Offers

4.13.1 Competitive Range Determination

If DAS PS, 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 DAS PS’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

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 19 of 24 process and schedule for the subsequent round.

4.13.2 Competitive Range Protest

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

Protests must:

• Be emailed to the SPC;

• Reference the RFP number S-DASOBO-00002498;

• Identify Proposer’s name and contact information;

• Be signed and sent by an authorized representative;

• State the reason for the protest; and

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

DAS PS will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information will not be considered by DAS PS.

4.14 SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If DAS PS conducts two or more rounds of competition, the SPC will determine the cumulative score for Proposers advancing through all rounds of competition by adding the scores from each completed round. The Proposer with the highest cumulative score will receive the highest final ranking.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS PS, if it awards a Price Agreement, shall award a Price Agreement to the highest ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. DAS PS may Award less than the full Scope defined in this RFP.

5.1.2 Intent to Award Notice

DAS PS will notify all Proposers in Writing that DAS PS intends to Award a Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have seven (7) calendar days from the date of the Intent to

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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.

• DAS PS failed to conduct an evaluation of Proposals in accordance with the criteria or process described in this RFP.

• DAS PS abused its discretion in rejecting the protestor’s Proposal as non-Responsive.

• DAS PS’s evaluation of the Proposal or determination of Award otherwise violates ORS Chapter 279B or ORS Chapter 279A.

If DAS PS receives only one Proposal, DAS PS may dispense with the evaluation process and Intent to Award protest period and proceed with Price Agreement Negotiations and award.

5.2.1.1 Protests must:

• Be delivered to the SPC via email;

• Reference the RFP number;

• Identify Proposer’s name and contact information;

• Be signed by an authorized representative;

• Specify the grounds for the protest;

• Be received within seven (7) calendar days of the Intent to Award notice

5.2.2 Response to Protest

DAS PS 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 DAS PS.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

5.3.1 Insurance

Prior to award, Proposer shall secure and demonstrate to DAS PS proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

Proposer shall provide its Taxpayer Identification Number (“TIN”) and backup withholding status on a completed W-9 form when requested by DAS PS or when the

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 21 of 24 backup withholding status or any other relevant information of Proposer has changed since the last submitted W-9 form, if any.

5.3.3 Business Registry

If selected for Award, Proposer shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Price Agreement. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Nondiscrimination in Employment

As a condition of receiving the Award of a Price Agreement under this RFP, Proposer must certify by their 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 of a policy that both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

5.3.5 Pay Equity Compliance

As required by ORS 279B.235 or ORS 279C.520, Contractor shall comply with ORS

652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than another for comparable work, based on an employee’s membership in a protected class.

Contractor must comply with ORS 652.220 as amended and shall not unlawfully discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Contractor’s compliance with this section constitutes a material element of this Price Agreement and a failure to comply constitutes a breach that entitles DAS PS to terminate this Price Agreement for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

5.4 PRICE AGREEMENT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, the State may enter into Price Agreement http://sos.oregon.gov/business/pages/register.aspx

DAS Procurement Services, Version 4.3 – December 21, 2018 Page 22 of 24 negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of Attachment A (Sample Price Agreement), with the exception of those terms listed below for negotiation.

Unless Proposer protests provisions of the Sample Contract within the RFP or addendum protest period or notes exceptions to the provisions marked negotiable in its Proposal, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in Attachment A (Sample Price Agreement).

It may be possible to negotiate some provisions of the final Contract as listed below;

however, many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, the State will consider the scope of requested exceptions in the evaluation of Proposals. The State may, but is not required, to agree to any modification, and any negotiated changes are subject to prior approval of the Oregon Department of Justice.

DAS PS is willing to negotiate all items, except the following:

• Choice of law

• Choice of venue

• Constitutional requirements

• Requirements of applicable federal and State law

In addition, if the apparent successful proposer proposed to provide an Electronic Locker System, DAS PS will negotiate the appropriate terms and conditions for the implementation and use of such system. See Sections 2.2.8 and 3 of the Sample Price Agreement attached to this RFP as Exhibit A.

In the event that the parties have not reached mutually agreeable terms within ten (10) calendar days, DAS PS, at its discretion, may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS PS 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. DAS PS also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit:

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

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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.

Proposer is not required to submit Attachment F with its proposal.

6.2 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 be construed as (i) 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 (ii) consent by the State of Oregon to the jurisdiction of any court.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

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

All Proposals submitted in response to this RFP become the Property of DAS PS. 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 Price Agreement, 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 unless the Proposal is submitted late.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

Pursuant to ORS…