RFP_Facilities_VLM_Final.pdf

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COVER PAGE

Oregon State Lottery is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-177000-00017833 for a

Vertical Lift Module Purchase and Installation

Date of Issue: August 25, 2026

Proposal Submission Deadline: October, 2 2026 5:00 PM PT

Single Point of Contact (SPC): Patrick Murphy, Procurement and Contracts Specialist 2

Address: 500 Airport Road SE City, State, Zip Salem, OR 97301 Phone 503-540-1091 E-mail: Patrick.Murphy@lottery.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.

mailto:Patrick.Murphy@lottery.oregon.gov

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TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

SECTION 3: PROCUREMENT REQUIREMENTS

SECTION 4: SOLICITATION PROCESS

SECTION 5: AWARD AND NEGOTIATION

SECTION 6: ADDITIONAL INFORMATION

ATTACHMENT A SAMPLE SERVICE CONTRACT

ATTACHMENT B PRELIMINARY SECURITY APLICATION

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E RESPONSIBILITY INQUIRY

ATTACHMENT F Certified Disadvantaged Business OUTREACH PLAN

ATTACHMENT G DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT H PRICE PROPOSAL FORM

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SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through its Oregon State Lottery Commission (“Lottery”), is issuing this Request for Proposal under the provisions of OAR 177 Division 38 for a Vertical Lift Module (“VLM”).

Lottery is looking to place a VLM in its headquarters warehouse located at: 500 Airport Road SE, Salem, Oregon 97301. The awarded vendor will provide the VLM, installation, training and start-up. The space available for the VLM is sixteen (16) feet high X eighteen (18) feet wide X six (6) feet deep. Tray quantity will be based on vendor configuration with a max load rating of five hundred (500) pounds per tray. Product height ranges from two (2) inches to eighteen (18) inches.

An optional in-person pre-proposal and walk-though of the installation location will be provided per section 4.2.

Prospective Proposers will be responsible for verifying all measurements including the installation space.

Lottery anticipates the award of one Contract from this RFP.

The term of the Contract is anticipated to be maximum one (1) year.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time (“PT”). All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

Event Date Time

Optional Pre-Proposal Conference September 2, 2026 9:00 AM

Questions / Requests for Clarification Due September 14, 2026 5:00 PM

Answers to Questions / Requests for Clarification Issued (approx.) September 17, 2026

Proposal Submission Deadline See RFP cover page

Opening of Proposal October 5, 2026 10:00 AM

Issuance of Notice of Intent to Award (approx.) November 2, 2026

Award Protest Period Ends 7 calendar days after Notice of Intent to Award

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

Lottery is using the Competitive Sealed Proposal method, pursuant to OAR 177 Division 38. Lottery may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive

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Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

2.1.1 Purpose

The State of Oregon, acting by and through the Oregon State Lottery Commission (“Lottery”) is seeking Proposals for a professional contractor (“Contractor”) to provide and install a VLM (“Services”) at the Oregon State Lottery Headquarters located at 500 Airport Rd SE, Salem Oregon (“Headquarters”).

Services are to be completed no later than one (1) year from the date the Contract (defined below) is issued unless otherwise agreed to by the parties via written amendment to the resulting Contract.

Lottery intends to enter into a written agreement (“Contract”) with the successful, responsible Bidder.

Lottery anticipates that the Contract will have an initial term of one (1) year.

2.2 DEFINITION OF TERMS

For the purpose of this RFP, capitalized words are defined in OAR 177 Division 38 or defined elsewhere in the RFP.

2.3 SCOPE OF WORK/SPECIFICATIONS

The awarded Contractor and all Contractor employees and sub-contractors entering the Lottery warehouse must pass all Lottery Security requirements including background checks and fingerprinting for access to the Lottery warehouse. Preliminary Security Application (Attachment B) provides a preliminary background questionnaire Proposer must submit with the Proposal. Lottery Project Manager, identified in the Contract, will provide the additional required forms and instructions to the awarded Contractor.

Lottery is seeking a qualified Contractor to provide and install a VLM in its warehouse located at the Lottery Headquarters. The space available for the VLM is sixteen (16) feet high X eighteen (18) feet wide X six (6) feet deep. Tray quantity will be based on vendor configuration with a max load rating of five hundred (500) pounds per tray. Product height ranges from two (2) inches to eighteen (18) inches. Access must be controlled by user identification (ID). Dual access openings for multiple users would be preferred. The VLM shall include software required for standard operation of the VLM. Contractor must also provide a plan for initial start-up, training and support, mapping processes and work instructions that will begin immediately after installation is completed.

Permits: Any required permits to complete this Project are the responsibility of the Contractor. The Contractor will be required to follow all State, City, and County requirements for all Services within this Scope of Work including requesting and acquiring all required permits and managing all required inspections up to sign off of the Project from the inspecting authority(s) and conforming to all seismic requirements for installation.

Travel, Labor, Equipment, Tools and Supplies: Contractor shall supply or/provide all freight, travel, tools, labor, equipment, materials, and supplies necessary to perform Services.

Contractor shall be responsible for; activities, equipment, materials, vehicles, and any damage they may incur during the course of this project to the surrounding landscape or existing building structure.

Contractor shall be required to provide all equipment, labor and materials specified necessary for the timely completion of the Services. Contractor shall be required to supply necessary means and methods and equipment to secure and protect work areas and surrounding spaces.

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The Contractor shall provide all manufacturer warranties of the system against defects in material and workmanship and must transfer any manufacturer warranties to the Lottery. The Contractor must provide a minimum of one (1) year support and warranty for all labor at no cost to the Lottery.

Cleanup and debris removal: Contractor shall be responsible for the removal and disposal of excess materials, containers, and equipment including hazardous materials and wastes. Disposal shall comply with all state and federal regulations.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM SUBMISSION REQUIREMENTS

3.1.1 Proposal Submissions

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

• Detailed VLM specifications and layout drawings

• Responses to Evaluation Criteria

• Preliminary Security Application (Attachment B)

• Proposer Information and Certification Sheet (Attachment C)

• Reference Check Form (Attachment D)

• Responsibility Inquiry (Attachment E)

• Price Proposal Form (Attachment H)

3.1.2 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.

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 Revised Statute (ORS) 192.311 through 192.478, Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment G). 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.

3.1.3 Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Lottery.

3.2 PROPOSAL REQUIREMENTS

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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 and Services. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

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.

3.2.1 Proposer Information and Certification Sheet

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.

3.2.2 References

Proposer shall complete and submit Attachment D - Reference Check Form. Provide two (2) references from current or former client firms for similar projects performed for any clients within the last five (5) years.

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

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

Proposer shall submit reference names and contact information. Lottery will make three (3) attempts to contact each of the references provided by the Proposer. If these attempts are unsuccessful, the Proposer will receive a score of zero for that reference.

3.2.3 Price Proposal

Price proposal must be submitted separately from the other required RFP documents on the Price Proposal Form (Attachment H).

SECTION 4: SOLICITATION PROCESS

4.1 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.

4.2 PRE-PROPOSAL CONFERENCE

An optional Pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is highly encouraged but not mandatory.

The purpose of the Pre-Proposal conference is to:

https://oregonbuys.gov/

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• Provide additional description of the project;

• Explain the RFP process;

• Answer any questions Proposers may have related to the project or the process; and

• Allow Proposers to visually inspect and take any final measurements of the VLM installation location.

Statements made at the Pre-Proposal conference are not binding upon Lottery. Proposers may be asked to submit questions in Writing.

Interested parties may participate in the Pre-Proposal Conference by:

All Proposers are invited to attend an optional Pre-Bid Conference / Walk-Through of the project site located at 500 Airport Rd. SE, Salem, Oregon 97301 on Wednesday, September 2, 2026, at 9:00 AM PT in the Lottery’s Headquarters Lobby.

4.3 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 an OregonBuys submission;

• Reference the OregonBuys Bid Solicitation 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.

4.4 SOLICITATION PROTESTS

4.4.1 Protests to RFP

Bidder may protest Lottery’s Award of a Contract by submitting a written protest according to OAR 177-038-0220 within seven (7) Days following the date Lottery issues the Notice of Intent to Award. All protests of Lottery’s Award are subject to OAR 177-038-0220.

4.4.2 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:

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; 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.

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4.5 PROPOSAL DELIVERY OPTIONS

Proposals must be submitted through OregonBuys, State of Oregon’s E-Procurement System at https://oregonbuys.gov/ on or before closing date.

All Proposals must be in Lottery’s possession no later than the Proposal Submission Deadline specified in Section 1.2. Lottery will reject Proposals Lottery receives after the Proposal Submission Deadline.

Proposers bear the risk of Proposals Lottery receives after the Proposal Submission Deadline as a result of any failure.

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

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 4.5 (Proposal Delivery Options). To be effective the modification must include the OregonBuys Bid Solicitation 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 in accordance with OAR 177 Division 38. To be effective the notice must include the OregonBuys Bid Solicitation Number.

4.7 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.

4.8 PUBLIC OPENING

The Lottery does not publicly open Offers.

4.9 PROPOSAL REJECTION

Lottery 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 provided in OAR 177-038-0180.

• Proposer makes any contact regarding this RFP with State representatives such as Lottery 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 Lottery’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).

https://oregonbuys.gov/ 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

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4.10 EVALUATION PROCESS

4.10.1 Responsiveness and Responsibility Determination

4.10.1.1 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 (Proposal 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, Lottery may waive mistakes in accordance with OAR 137-047-0470.

4.10.1.2 Responsibility Determination

Lottery will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Proposers shall submit a signed Attachment E - Responsibility Inquiry form with Proposal.

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and Lottery 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.

SCORE EXPLANATION

OUTSTANDING - Response meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter and project.

The Proposer provides insight into its expertise, knowledge, and understanding of the subject matter.

6 – 9 VERY GOOD – Response provides useful information, while showing experience and knowledge within the category. Response demonstrates above average knowledge and ability with no apparent deficiencies noted.

ADEQUATE – Response meets all requirements in an adequate manner. Response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth by the Proposer.

1 – 4 FAIR – Proposer meets minimum requirements, but does not demonstrate sufficient knowledge of the subject matter.

0 RESPONSE OF NO VALUE – An unacceptable response that does not meet the requirements set forth in the RFP. Proposer has not demonstrated knowledge of the subject matter.

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4.10.2.1 Function and operation.

Describe how the VLM stores, sorts, and delivers products to the User. What features are standard and which are optional?

4.10.2.2 Total cost of ownership.

Provide analysis showing total cost of ownership. This should cover purchasing the VLM, installation, life expectancy and cost, and cost of disposal or retirement of the VLM.

4.10.2.3 System scalability and flexibility.

Describe how your proposed VLM provides both scalability and flexibility to support future organizational growth, changing business requirements, and technology advancements over the next five (5) to ten (10) years. Include specific examples and any associated requirements to potential changes of software and infrastructure.

4.10.2.4 Vendor experience and flexibility

Describe your organization’s experience providing VLM solutions to public sector organizations of comparable size to Lottery. How does your organization accommodate customer specific business processes without requiring custom development. Provide specific examples.

4.10.2.5 Future integration with existing systems

Describe the VLMs ability to integrate with existing inventory management and software systems. What are the software capabilities of the proposed VLM?

4.10.2.6 VLM availability, warranty, and service

Provide the lead time for delivery and installation of the proposed VLM. Also provide the warranty terms and available service agreements. Provide information for what is covered under the factory warranty and the term. If an extended warranty is available, provide details including terms, coverage, and cost.

4.10.2.7 Installation, start-up, training, and support

Describe, in detail, the installation process from delivery to start-up. Include any special modifications required to the facility and time frame for complete installation.

Describe in detail the start-up procedure, training supplied to Lottery employees for operation, and support for questions and additional training available after installation, start-up, and initial training is completed. Specify the duration this support is available and if it will result in any additional cost to Lottery.

4.10.3 PRICE EVALUATION

Following scoring and ranking of Proposals, based on the qualifications-based criteria referenced above in Section 4.10.2, the sealed Price Proposals from Proposers will be opened and scored as follows:

• Proposer with the lowest Price Proposal will receive 40 points.

• Proposer with the second lowest Price Proposal will receive 10 points.

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• Proposer with the third lowest Price Proposal will receive 5 points.

• All other Proposers will receive 0 points.

4.10.4 PREFERENCES

4.10.4.1 Recycled Materials

Lottery 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.

4.10.4.2 Tiebreakers

If Lottery receives Proposals identical in price, fitness, availability and quality and chooses to award a Contract, Lottery shall award the Contract in accordance with the procedures outlined in OAR 177- 038-0200.

4.11 POINT AND SCORE CALCULATION

Scores are the values (0 through 20) assigned by each evaluator for the evaluated questions.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc. Price points are calculated as stated in the Price Evaluation section.

EXAMPLE:

Proposer A receives scores of 10, 9, and 9.5 for criterion worth 50 points. The SPC averages 10, 9, and 9.5 for a score of 9.5 and uses 95% as a multiplier to the possible points of 50. 50 multiplied by 95% is 47.5. Proposer A’s points for the criterion is 47.5.

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 average score for each Proposal with Proposer’s price score and reference score.

TOTAL POINTS POSSIBLE : 100

POINTS POSSIBLE 60

4.10.2.1 Function and operation 15

4.10.2.2 Total cost of ownership 15

4.10.2.3 System scalability and flexibility 5

4.10.2.4 Vendor experience and flexibility 5

4.10.2.5 Future integration with existing systems 5

4.10.2.6 VLM availability, warranty, and service 5

4.10.2.7 Installation, start-up, training, and support 10

4.10.3 PRICE POINTS POSSIBLE 40

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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.

Lottery may, in Lottery’s sole discretion, determine an apparent successful Proposer with no additional rounds of competition. If additional rounds are conducted, Lottery 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, Lottery may choose to conduct additional round(s) of competition if in the best interest of the Lottery. 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

4.12.1 Competitive Range Determination

If Lottery, 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 Lottery’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Lottery will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

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

5.1.2 Intent to Award Notice

Lottery will notify all Proposers in Writing that Lottery intends to award a Contract 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 after Notice of Intent to Award to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Contract award in the event

RFP_Facilities_VLM_draft_Final Puchase and Installation Page 13 of 42 the protest was successful and is protesting for one or more of the following reasons as specified in OAR 177 division 38:

• All higher ranked Proposals are non-Responsive.

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

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

• Lottery’s evaluation of Proposal or determination of award otherwise violates OAR 177 division 38.

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

5.2.1.1 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 seven (7) calendar days after the Intent to Award notice.

5.2.2 Response to Protest

Lottery 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 Lottery.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

Proposer who is selected for a Contract 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 Lottery proof of insurance as required in this RFP or as negotiated. Insurance Requirements are found in Sample Contract (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 Lottery or when the 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 Contract. Visit http://sos.oregon.gov/business/pages/register.aspx for Oregon Business Registry information.

5.3.4 Pay Equity Certification

http://sos.oregon.gov/business/pages/register.aspx

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If selected for award and the Contract value exceeds $500,000 and Proposer employs fifty (50) or more full-time workers, Proposer shall submit to Lottery 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 Contract.

5.3.5 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.

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

After selection of a successful Proposer, Lottery may enter into Contract negotiations with the successful Proposer. By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Attachment A - Sample Contract, 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 Lottery during the Questions / Requests for Clarification period set forth in Section 1.2. If Lottery agrees to make any requested changes to the Sample Contract, Lottery will issue an Amendment to notify Proposers of such changes. Unless Lottery issues an Amendment modifying any of the terms and conditions, Lottery intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract.

Following the selection of the apparent successful Proposer, Lottery may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, Lottery 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 Lottery.

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

Lottery is willing to negotiate ONLY the Statement of Work and Specifications.

In the event that the parties have not reached mutually agreeable terms within fourteen (14) calendar days, Lottery, 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 ORS Chapter 200, Lottery 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 https://www.oregon.gov/das/Procurement/Pages/PayEquity.aspx

RFP_Facilities_VLM_draft_Final Puchase and Installation Page 15 of 42 business. Lottery also encourages joint ventures or subcontracting with certified small business enterprises.

For more information, visit:

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

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

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 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.

6.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals are public records and are subject to public inspection after Lottery 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 Lottery. By submitting a Proposal in response to this RFP, Proposer grants the Lottery 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 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 Lottery.

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

Pursuant to OAR 177 division 38, Lottery 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 Lottery, as determined by Lottery. Neither the State nor Lottery 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.

6.5 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.

6.6 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.

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

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ATTACHMENT A

SAMPLE SERVICE CONTRACT

(Note to Proposers: Attachment A is a sample only. Do not complete this section.)

OREGON STATE LOTTERY

SERVICES CONTRACT

FOR VERTICAL LIFT MODULE PURCHASE AND INSTALLATION

This Contract (“Contract”) is between the State of Oregon, acting by and through its Oregon State Lottery Commission (“Lottery”) and , (“Contractor”), collectively the “Parties”. The purpose of this project is to provide a vertical lift module (“VLM”), together with installation, training and start-up services at the Lottery Headquarters Warehouse located at 500 Airport Road SE Salem Oregon 97301.

Lottery’s Contract Manager for this Contract is .

1. Effective Date and Duration.

a. This Contract shall become effective on the date this Contract has been signed by every party hereto and, when required, approved by the Oregon Department of Justice (“Effective Date”).

Unless terminated or extended, this Contract shall expire upon Lottery’s acceptance of all Goods, Deliverables, and Services, or within one (1) year of the Contract execution date whichever occurs last. Neither expiration nor termination shall extinguish or prejudice Lottery’s right to enforce this Contract with respect to any breach of a Contractor warranty or any default or defect in Contractor’s performance that has not been cured.

2. Consideration.

a. The maximum, not to exceed compensation payable to Contractor under this Contract, which includes any allowable expenses, is $ .

3. Amendments.

No waiver, consent, modification or change to the terms of this Contract shall bind either party unless in writing and signed by both parties and all approvals by law have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given.

4. Definitions.

In addition to the terms defined in this Contract, all other capitalized terms used but not defined in this Contract are defined in OAR 177-038-0000.

5. Statement of Work.

The Statement of Work (the “Services”), including deliverables and the delivery schedule for such Services and the repair and maintenance warranty terms if applicable, is contained in Exhibit A, and is attached and incorporated by reference into this Contract. Contractor agrees to perform the Services as specified in Exhibit A and in accordance with the terms and conditions of this Contract.

RFP_Facilities_VLM_draft_Final Puchase and Installation Page 17 of 42

6. Pricing.

Contractor’s pricing established in Exhibit B is firm following the Effective Date of this Contract. If the Contract is extended beyond the initial term, the parties may negotiate a price adjustment. Contractor may submit a request for a price adjustment within sixty (60) calendar days prior to expiration of the then-current Contract term.

7. Invoicing and Payment.

a. Submission.

Contractor shall send invoices to Lottery for Services performed and accepted by Lottery.

Invoice(s) shall be submitted to: Oregon State Lottery, Attn.: Accounts Payable Dept., PO Box 12649, Salem, OR, 97309; or to Lottery’s electronic mailbox: lottery.ap@lottery.oregon.gov.

b. Payment Terms.

Lottery shall pay Contractor for all Services and Deliverables in accordance with the SOW.

c. Late Charges.

Contractor may assess late payment charges to the extent permitted by ORS 293.462.

d. Conditions Precedent to Payment.

As a condition precedent to Lottery’s obligation to pay Contractor, Contractor shall, upon execution of this Contract, deliver to Lottery the applicable Internal Revenue Service form, whether a W-9 form, W-8 form, 8233 form or other similar form, based upon Contractor’s status as a United States person, resident alien or nonresident alien, as those terms are defined in 26 USC §7701. These forms are currently available at http://www.irs.gov. Lottery may withhold payments to Contractor pending Lottery's receipt from Contractor of the applicable, completed and signed form.

e. Invoice Review / Dispute Process.

Lottery will review the invoice within ten (10) Business Days of receipt and will either approve payment of the amount invoiced or notify Contractor of any errors or disputed charges.

If an error or dispute arises concerning charge(s) on an invoice, Lottery will notify Contractor of the disputed charge. Upon notification of dispute, Contractor shall submit to Lottery documentation to support the amount charged. Lottery will have seven (7) Business Days to consider the validity of the supporting documentation, however, Lottery’s failure to respond to Contractor by the end of the seven (7) Business Day period shall not be deemed Lottery’s acceptance of the documentation and shall not obligate Lottery to pay the disputed amount in full.

Lottery, in its sole and absolute discretion, will determine if the supporting documentation provides sufficient justification for the charges set forth in the disputed invoice. If Lottery determines that the supporting documentation is sufficient, Lottery will notify pay Contractor the amount claimed due in the invoice. If Lottery determines the supporting documentation supports payment in an amount less than originally invoiced, Lottery will notify Contractor of the amount Lottery believes is due under the invoice. Contractor may resubmit an invoice for the lesser undisputed amount following Lottery’s review, and Lottery will pay the invoice as set forth in Section 7(b).

8. Independent Contractor; Responsibility for Taxes and Withholding.

a. Contractor shall perform all required Services as an independent contractor. Although the

Lottery reserves the right (i) to determine the delivery schedule for the Services to be performed and (ii) to evaluate the quality of the completed performance, Lottery cannot and will not control the means or manner of Contractor’s performance. Contractor is responsible mailto:lottery.ap@lottery.oregon.gov http://www.irs.gov/

RFP_Facilities_VLM_draft_Final Puchase and Installation Page 18 of 42 for determining the appropriate means and manner of performing the Services.

b. If Contractor is currently performing services for the State of Oregon or the federal government, Contractor by signature to this Contract declares and certifies that: Contractor’s Services to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor’s employing agency (state or federal) would prohibit Contractor’s Services under this Contract. If applicable, Contractor meets the specific independent contractor standards of ORS 670.600. Contractor is not an “officer,” “employee,” or “agent” of the Lottery, as those terms are used in ORS 30.265(1) and (4). Contractor shall have no right or authority to incur or create any obligation for or legally bind the Lottery in any way.

c. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments to Contractor under this Contract and, unless Contractor is subject to backup withholding, Lottery will not withhold from such compensation or payments any amount(s) to cover Contractor’s federal or state tax obligations. Contractor is not eligible for any Social Security, unemployment insurance or workers’ compensation benefits from compensation or payments to Contractor under this Contract, except as a self-employed individual.

9. Subcontracts and Assignment; Successors and Assigns.

a. Contractor shall not enter into any subcontracts for any of the Services required by this Contract or assign or transfer any of its interest in this Contract, without the Lottery’s prior written consent. In addition to any other provisions the Lottery may require, Contractor shall include in any permitted subcontract under this Contract a requirement that the subcontractor be bound by Sections 9(d), 10, 11, 13, 14, 15, 18, 19, 22, 25, 31 and 33 of this Contract as if the subcontractor were the Contractor. Lottery’s consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

b. The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns, if any.

10. No Third-Party Beneficiaries.

Lottery and Contractor are the only Parties to this Contract and are the only Parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Contract.

11. Security Investigation(s); Changes to Approved Persons.

Contractor’s employees and any subcontractor employees performing Services in the Lottery Headquarters Warehouse building will be subject to a background investigation performed by Lottery’s Security Section which may include, but may not be limited to, a Law Enforcement Data System (LEDS) background check or completion of forms and fingerprint cards.

12. Funds Available and Authorized; Payments.

Article XV, section 4(4)(d) of the Oregon Constitution provides that Lottery is a self-supporting, revenue-raising agency and that no appropriations, loans, or other transfers of state funds shall be made to it. Accordingly, all amounts payable by Lottery under this Contract are the sole responsibility of Lottery, and not the State, and are payable only from: (1) Revenues received by Lottery from lottery games; and (2) other miscellaneous revenues generated by Lottery. Lottery

RFP_Facilities_VLM_draft_Final Puchase and Installation Page 19 of 42 certifies that, as of the effective date of this Contract, sufficient funds are available and authorized for expenditure to finance the costs of this Contract within Lottery’s current financial plan.

Notwithstanding this certification, Lottery’s payments under this Contract, together with all of Lottery’s other obligations incurred under ORS 461.510(4), are limited by Article XV, section 4(4)(d) of the Oregon Constitution and ORS 461.500(2). If Lottery’s authority or ability to conduct lottery games is removed or diminished, or if Lottery reasonably determines that expending the amounts payable by Lottery under this Contract would be in violation of the 16% (sixteen percent) limitation under ORS 461.500(2), Lottery may terminate this Contract.

13. Representations and Warranties.

a. Contractor’s General Representations and Warranties.

Contractor represents and warrants to Lottery that:

i. Contractor fully understands and shall perform its obligations under this Contract and shall not make any claims for or have any rights to relief based on its claim that it misunderstood the terms of this Contract, or lacked information related to its required performance under this Contract.

ii. Contractor is qualified to do business in the State of Oregon, and it will take such action as may be necessary to remain so qualified.

iii. Contractor is not in arrears with respect to the payment of any monies due and owing the State of Oregon, or any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and it shall not become so during the term of this Contract.

iv. Contractor shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to its performance under this Contract.

v. Contractor shall procure, at its own expense, all required licenses, certifications, permits, and governmental approvals necessary to perform its obligations under this Contract.

vi. Contractor has the power and authority to enter into and perform this Contract;

vii. This Contract, when executed and delivered, is a valid and binding obligation of

Contractor enforceable in accordance with its terms;

viii. The Services under this Contract must be performed in a good and workmanlike manner and in accordance with the highest professional standards; and

ix. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Services.

b. Contractor’s Representations and Warranties for Intellectual Property.

Contractor represents and warrants to Lottery that:

i. All Work Product shall be transferred to Lottery free and clear of any and all restrictions on or conditions of transfer, modification, licensing,…