RFP Final_LEO.pdf

State of Oregon

The Office of the Legislative Equity Officer

Issues the Following

REQUEST FOR PROPOSALS (RFP)

RFP Number: 001

Date of Issuance: July 23, 2024

Proposals Due Date: August 30, 2024 by 12 p.m.

Issuing Office: Legislative Equity Office c/o Oregon

Legislative Assembly

Single Point of Contact (SPOC): Brenda Alfano

Address: 900 Court St NE

Salem OR 97301

Phone (voice): (503) 986-1184

E-mail: Brenda.Alfano@oregonlegislature.gov http://intranet/CapitolImages/Oregon%20State%20Seal-BW.jpg

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Table of Contents

Section 1: Purpose and General Information

1.1 Introduction

1.2 Schedule

1.3 Definitions

1.4 Scope of Services

1.5 Single Point of Contact

1.6 Notice of Intent to Submit a Proposal

Section 2: Proposal Requirements

2.1 Administrative Proposal Requirements

2.2 Technical Proposal Requirements

2.3 Price Proposal Requirements

Section 3: Solicitation Process

3.1 Procurement Authority and Method

3.2 OregonBuys

3.3 Questions, Modifications and Protests Relating to the RFP, Contract Provisions or

Specifications

3.4 Submission of Proposals

3.5 Withdrawal of Proposals

3.6 Opening of Proposals

3.7 Evaluation and Award

3.8 Public Information, Confidentiality and Trade Secrets

3.9 Cost of Preparing Proposals

3.10 Reservation of LEO’s Rights

3.11 Contract Form

3.12 Contractual Obligation

Section 4: Evaluation and Award

4.1 Evaluation Process

4.2 Evaluation of Minimum Requirements (Pass/Fail)

4.3 Evaluation of Technical Proposal (Scored)

4.4 Evaluation, Scoring and Ranking of Price Proposals

4.5 Reference Checks for the Proposer’s Company

4.6 Ranking Proposals

4.7 Award Notification and Process

Attachments Attachment A: Proposal Cover Sheet

Attachment B: Technical Proposal Elements

Attachment C: Form of Contract22

Attachment D: Price Proposal

Attachment E: Requested Information

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Section 1: Purpose and General Information

1.1 Introduction

1.1.1 Overview, Objectives and Background.

The Oregon Legislative Assembly, acting by and through the Legislative Equity Office

(“LEO”), is issuing this Request for Proposals for complaint processing and investigative services under Legislative Branch Personnel Rule 27. The Legislative Equity Officer has authority to conduct this procurement under ORS 173.909 (3).

1.1.2 Contract Term.

LEO anticipates that the Contract term, contingent on funding approval, will start

December 1, 2024, continue for two years and end November 30, 2026. LEO may renew the Contract in two-year (2-year) increments and may re-solicit the Contract after

December 1, 2026.

1.1.3 Method of Compensation.

Compensation will be made on a monthly basis upon LEO’s acceptance of Work that the

Contractor performs.

1.1.4 Approximate Value.

The anticipated value of the procurement described in this RFP is estimated to be in the range of $500,000.

1.2 Schedule

Event Due Date

RFP Release – Date of Issuance July 23, 2024

RFP Protests August 5, 2024, 5:00 p.m.

Written Questions August 6 , 2024, 5:00 p.m.

Answers to Proposal Questions (approx.) August 16, 2024, 5:00 p.m.

RFP Closing August 29, 2024, 12:00 p.m.

Issuance of Notice of Intent to Award September 9, 2024

Award Protests due September 16, 2024, 5:00 p.m.

Award Notification September 20, 2024

1.3 Definitions

See OAR 137-046-0110 for general definitions that are incorporated into this RFP by this reference.

1.3.1 “RFP” means this Request for Proposals.

1.3.2 “Scope of Work” means the general character of the goods, supplies and services that

Contractor will provide, the Work’s purpose and objectives, and LEO’s expectations for the Work. Examples of expectations include, if applicable, specifications, tasks

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(obligations), deliverables, delivery or performance schedule, and acceptance requirements. The Scope of Work helps prospective proposers develop the Proposals.

1.3.3 “Statement of Services” means the specific provisions in the final Contract, which set forth and define in detail the agreed-upon objectives, expectations, performance standards and other obligations. The Statement of Services is attached to the Contract as Exhibit A, Business Associate Agreement and Attachment B, Technical Proposal Elements.

1.4 Scope of Services

The Scope of Services for this procurement consists of:

A. Providing process counseling to complainants under Legislative Branch

Personnel Rule 27: Safe, Respectful and Inclusive Workplace.

B. Receiving complaints and reports alleging harassment or other conduct that is asserted to violate standards of harassment, discrimination or retaliation as defined and described in Legislative Branch Personnel Rule 27: Safe, Respectful and Inclusive Workplace.

C. Conducting investigations, determining facts, writing investigative reports and reporting outcomes of investigations to the Legislative Equity Officer or other persons or entities identified in Legislative Branch Personnel Rule 27 or other

Legislative Assembly chamber rules as recipients of independent investigator reports.

D. Making recommendations regarding interim safety measures to the Legislative

Equity Officer or to other persons or entities identified in Legislative Branch

Personnel Rule 27 or other Legislative Assembly chamber rules as recipients of independent investigator recommendations on interim safety measures.

E. Following up on any existing confidential disclosures, conduct reports or conduct complaints.

F. Reporting each week in writing to the Legislative Equity Officer with respect to

Contractor’s activities under the contract.

G. Performing such other duties as the Legislative Equity Officer may direct and that are consistent with other services identified within the Scope of Work.

Proposals must respond to each requirement outlined in the Technical Proposal Elements

(Attachment B) and respond to the Requested Information (Attachment E). LEO will evaluate and score Proposals based on the thoroughness of the response and the proposer’s ability to fulfill as many of the requirements listed as possible. LEO will issue a minimum of two public contracts for this procurement. Each contract will have a separate Statement of Services that will specify the range of Services for the contract. LEO anticipates that the range of Services specified in each Statement of Services may differ but will consist of a subset of the Services described in this Scope of Services. LEO’s division of the Services into subsets of Services may be based on a need to segregate functions to maintain confidentiality and reduce potential conflicts of interest.

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LEO and the successful proposer may negotiate the Statement of Services for the Contract. The

Statement of Services may be modified as to the extent to which the successful proposer provides Service or as to other provisions included within the Scope of Services. LEO and

Contractor may agree to amend or modify the awarded Contract in accordance with OAR 137-

047-0800.

1.5 Single Point of Contact (“SPOC”)

All questions, whether about the technical requirements of this RFP, contractual requirements, the procurement process, or any other aspect of the project or needed services, must be directed to the single point of contact (“SPOC”), who is the person listed on the first page of this RFP.

The RFP document may be reviewed upon request at the address listed on the first page of this

RFP.

1.6 Notice of Intent to Submit a Proposal

1.6.1 OregonBuys.

A potential proposer may express an interest in submitting a Proposal through

OregonBuys, the State of Oregon’s procurement system. Within OregonBuys, open the opportunity listing, click on “interested,” insert the relevant information, and submit the information. OregonBuys will automatically notify a proposer that is a registered supplier of all notices and Addenda issued under this opportunity.

1.6.2 Waiver.

Failure to perform in accordance with section 1.6.1 does not preclude a proposer from submitting a Proposal. The failure to perform does, however, waive all rights the proposer may have to protest and claim that proposer may have been harmed by not receiving subsequent notices and Addenda under this RFP.

Section 2: Proposal Requirements

2.1 Administrative Proposal Requirements

2.1.1 Proposal Cover Sheet.

The proposer shall sign and submit the Proposal Cover Sheet (see Attachment A).

Proposals must comply with the requirements set forth in this RFP concerning the content of a Proposal and specifying how a proposer must submit the Proposal. The Proposal must describe how the proposer will provide the goods, supplies and services. LEO shall deem Proposals that merely offer to provide the goods, supplies and services as described in this RFP as not Responsive and will not consider such Proposals further.

2.1.2 Proposal Format.

All Proposals must follow the format described in this section. Proposals must respond to all elements of information requested, without exception. Proposal sections and pages must be appropriately numbered in accordance with the outline below.

A proposer may organize a Proposal as the proposer sees fit, but a Proposal must include at least the following headings in the following order and numbered as indicated below, followed by the proposer’s responses:

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Part 1: Administrative Proposal Requirements - for this procurement, Administrative Proposal requirements consist of the appended Proposal

Cover Sheet and the Financial/Fiscal stability statement described in section

2.1.3. In addition, the proposer should provide the number of copies described in section 2.1.3.

Part 2: Technical Proposal Requirement. The Technical Proposal

Requirements are described in section 2.2.

2.1.3 Financial Statement/Fiscal Stability.

The proposer shall briefly describe the proposer’s experience with, and current strategies for, ensuring that the proposer conducts business in a fiscally responsible manner and remains financially solvent through the proposed Contract term. The proposer shall identify the individuals who have fiscal responsibilities. Any proposer that has generated financial statements shall submit copies of the statements for the most recent period. If the proposer has not generated financial statements, the proposer may submit an audit or fiscal review by a certified public accountant, or if the proposer is a new business, the proposer may submit a copy of a business plan completed within the last year.

2.2 Technical Proposal Requirements

The Proposal must describe how the proposer will meet the technical requirements set forth in the Technical Proposal Elements (Attachment B), responding to each of the requirements described, and respond to the Requested Information (Attachment E). LEO will evaluate this

Proposal as described in section 4.

2.2.1 References.

In Attachment A, the proposer shall provide the names, addresses, e-mail addresses and telephone numbers for two (2) persons for whom within the last ten (10) years the proposer has provided services equivalent to those described in this RFP.

2.3 Price Proposal Requirements

The Proposer shall submit a Price Proposal that prices separately the items in Attachment D -

Price Proposal Form. For this procurement, the proposer must identify the persons that will provide the Services and the hourly rate for each person. If a proposer intends to provide only specific services from among the Services described in the Scope of Work and the proposer’s hourly rate will differ for different Services, the proposer must identify each particular service for which the rate will differ from the proposer’s overall hourly rate and specify the rate that applies to that service.

Price proposals must be firm for a period of one hundred twenty (120) days from the deadline for proposal submission.

Section 3: Solicitation Process

3.1 Procurement Authority and Method

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LEO is issuing this RFP pursuant to LEO’s authority under ORS 173.909 (3). LEO intends to use a method similar, but not identical, to the method set forth in ORS 279B.060 (“Competitive

Sealed Proposal”). LEO intends to use a single-step Competitive Sealed Proposal method. See the Reservations of LEO’s Rights set forth in section 3.10.

3.2 OregonBuys

This RFP, including all Addenda and Attachments, will be posted on OregonBuys. LEO is not required to mail this RFP or Addenda or Attachments to this RFP. LEO will provide notice of any substantive clarifications in response to questions at the OregonBuys website below. For complete RFP documentation please visit OregonBuys at:

OregonBuys

Proposers without electronic access to OregonBuys may obtain copies of this RFP and associated documents at the address listed on the first page of this RFP.

3.2.1 Documents Outside of OregonBuys.

LEO does not anticipate issuing documents outside of OregonBuys.

3.2.2 Addenda on OregonBuys.

The provisions of Addenda are incorporated within and may supersede identified provisions of this RFP. Addenda may be viewed and downloaded on OregonBuys by registered suppliers. Proposers should consult OregonBuys regularly until the closing date of this solicitation to ensure that proposers does not miss any Addenda. Any oral communications are unofficial and are not binding. Proposers may rely only on Written statements that the SPOC issues.

3.2.3 OregonBuys Usage.

Proposers unfamiliar with OregonBuys may contact the DAS Procurement Services

Office between 8 a.m. and 5 p.m., Monday through Friday:

Address:

DAS Procurement Services Office

1225 Ferry St. SE

Salem OR 97301-4285

Contact:

egs.pscustomercare@oregon.gov

Telephone: 503-378-4642

Help Desk:

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

Proposers may also look for updates about OregonBuys on the DAS Procurement

Services Office website currently found at:

http://www.oregon.gov/DAS/Procurement/Pages/Index.aspx.

https://oregonbuys.gov/bso/ mailto:support.oregonbuys@das.oregon.gov http://www.oregon.gov/DAS/Procurement/Pages/Index.aspx

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3.2.4 OregonBuys Registration.

Proposers are responsible for ensuring that their supplier registration information in

OregonBuys is current and correct. LEO accepts no responsibility for missing or incorrect information contained in a proposer’s supplier registration information in

OregonBuys.

3.3 Questions, Modifications and Protests relating to this RFP, Contract Provisions or

Specifications

3.3.1 Submission of Questions and Requests.

Proposers must submit questions, including requests for explanations of the meaning or interpretation of provisions of this RFP, in Writing, and to the attention of the SPOC.

Questions must arrive by the date and time specified in section 1.2. Email messages are acceptable.

Note: With the exception of negotiations of those terms permitted under section 4.7, the procedure outlined in this section is the proposer’s only opportunity to request any change or protest any requirement of this RFP, including but not limited to the solicitation process, Proposal requirements, or terms and conditions. LEO will consider as not Responsive those Proposals that take exception to the requirements of this RFP, including but not limited to the solicitation process, proposal requirements or terms and conditions and will reject such Proposals.

3.3.2 Methods of Seeking Modifications to RFP, Contractual Provisions or

Specifications.

3.3.2.1 Procedure.

The appropriate means of seeking modifications to provisions of this RFP are through a Written (a) request for clarification; (b) formal submission of a request for changes to this RFP, contractual terms or specifications; or (c) formal submission of a protest of this RFP, contractual terms or specifications.

3.3.2.2 Request for Clarification.

A proposer that requires clarification of a provision of this RFP, contractual terms or specifications may submit to the SPOC a Written request for clarification. To be considered, the SPOC must receive the Written request for clarification by the deadline specified in section 1.2 or any extension specified in subsequent

Addenda.

3.3.2.3 Request for Changes to RFP, Contractual Terms or Specifications.

Any proposer may submit to the SPOC a Written request for changes to this RFP, contractual terms or specifications. To be considered, the Written request for changes must be received by the SPOC by the deadline specified in section 1.2 or any extension made by subsequent Addenda. The request must include the reason for requested changes, supported by factual documentation, and any proposed changes and must contain all other information required by ORS 279B.405 and

OAR 137-047-0730.

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3.3.2.4 Protest of RFP, Contractual Terms or Specifications.

Proposers may submit to the SPOC a Written protest of this RFP, the contractual terms or the specifications. To be considered, a protest must:

3.3.2.4.1 Identify the proposer’s name and refer to the RFP number;

3.3.2.4.2 Contain evidence that supports the grounds on which the protest is based and specify the relief sought, including a statement of the proposed changes to the solicitation process or RFP provisions, requirements or terms and conditions that the proposer believes will remedy the conditions upon which the protest is based;

3.3.2.4.3 Be signed by the proposer’s authorized representative;

3.3.2.4.4 Be submitted to the SPOC by the solicitation protest due date specified in section 1.2; and

3.3.2.4.5 Be delivered or e-mailed to the SPOC at the address listed on the first page of this RFP.

LEO will not consider solicitation protests that do not meet the requirements of this section. LEO will resolve all solicitation protests in accordance with OAR

137-047-0730. Unless LEO extends this specific due date by Addenda to this

RFP, LEO will not consider a proposer’s solicitation protests to the originally issued RFP submitted after the solicitation protest due date specified in Section

1.2..

PLEASE NOTE: LEO will not accept late protests.

3.3.2.5 Method of Submitting Requests for Modification of RFP Provisions.

Envelopes containing Written requests for clarification, requests for change, and protests must be marked as follows:

Request for Clarification/Change/Protest

RFP Number

Closing date

The SPOC must receive envelopes by the date and time specified in section 1.2.

This deadline may be extended by Addendum. LEO will not consider a Written request for clarification, request for change or a protest regarding this RFP, contractual terms or specifications if the SPOC receives the request for change or protest after the date specified in this RFP or the date specified in a subsequent

Addendum.

3.3.2.6 Response to Requests for Clarification or Change and Protests.

LEO will respond to each properly submitted Written request for clarification, request for change, or protest in accordance with ORS 279B.405. If appropriate, LEO will issue revisions and clarify RFP provisions via Addenda posted on

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OregonBuys. LEO may also informally respond to proposer questions. Informal responses, however, do not affect the provisions of this RFP. This RFP, the contractual terms or the specifications may only be changed via formal

Addenda issued by LEO and posted on OregonBuys.

3.4 Submission of Proposals

The SPOC must receive Proposals not later than the closing date and time specified in

OregonBuys at the address listed on the first page of this RFP. Proposals may be sent directly through OregonBuys, emailed directly to the SPOC, delivered by U.S. Mail or courier, or by personal delivery. Proposals must be sent to the attention of the SPOC’s name.

PLEASE NOTE: LEO may choose not to consider or accept late, faxed or electronically transmitted Proposals.

3.5 Withdrawal of Proposals

If a proposer wishes to withdraw a Proposal the proposer submitted, the proposer must do so before the date and time specified for closing this solicitation. The proposer must submit a

Written request to withdraw, signed by the proposer, on the proposer’s letterhead, to the SPOC at the address listed on the first page of this RFP, as required by OAR 137-047-0440(2).

3.6 Opening of Proposals

LEO shall open Proposals at the date and time specified in section 1.2. LEO will not read

Proposals aloud (OAR 137-047-0450 (2)). LEO shall open Proposals at the following location:

Legislative Equity Office

Public Services Building, First Floor

255 Capitol Street NE

Salem, OR 97301

3.7 Evaluation and Award

The evaluation and award process is described in section 4.

3.8 Public Information, Confidentiality, and Trade Secrets

All Proposals are public information after LEO opens the Proposals and all protests are public information after the protest period ends. LEO shall open Proposals at the date and time listed in section 1.2. LEO will not provide copies of Proposals, however, until the evaluation process is completely closed and a notice of intent to award has been issued pursuant to OAR 137-047-

0610. Any person may request copies of public information. A proposer shall label any information that the proposer wishes to protect from disclosure to third parties as a trade secret under ORS 192.345 (2) with the following: “This material constitutes a trade secret under

ORS 192.345 (2) and is not to be disclosed except as required by law.” LEO shall take reasonable measures to hold in confidence all such labeled information, but LEO and the State of

Oregon are not liable for a release of any information if a law or an order of a court requires the release, whether pursuant to the Oregon public records law (ORS 192.311 to 192.478) or otherwise. LEO and the State of Oregon are also immune from liability for disclosing or releasing information under the circumstances set forth in ORS 646.473 (3).

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3.9 Cost of Preparing Proposals

Proposer is responsible for all costs proposer incurs in preparing and submitting a Proposal in response to this RFP. LEO will not reimburse these costs.

3.10 Reservation of LEO’s Rights

LEO reserves all rights regarding this RFP, including, without limitation, the right to:

i. Amend, delay or cancel this RFP without liability if LEO finds that cancellation is in

LEO’s best interest;

ii. Reject any or all Proposals received if LEO determines that rejection is in LEO’s best interest;

iii. Waive any minor informality or non-conformance with the provisions or procedures of this RFP, and seek clarification of any Proposal, if required;

iv. Reject any Proposal that fails substantially to comply with all prescribed RFP procedures and requirements;

v. Negotiate a Statement of Services based on the Scope of Work described in section 1.4 and to negotiate separately in any manner necessary to serve the best interest of the public;

vi. Amend any Contracts that are a result of this RFP; and

vii. Engage a contractor by selection or procurement independent of this solicitation or any

Contracts or agreements under this solicitation to perform the same or similar services.

Although price is a consideration in determining the apparent successful proposer, the intent of this RFP is to identify a Proposal from a proposer that has a level of specialized skill, knowledge, and resources to perform the Work described in this RFP. Qualifications, performance history, expertise, knowledge, and the ability to exercise sound professional judgment are primary considerations in the selection process. Because of the highly technical nature of some of these tasks, the proposer with the lowest Price Proposal may not necessarily be awarded a Contract.

LEO reserves the sole right to determine the best Proposal.

3.11 Contract Form

The apparent successful proposer shall be asked to sign a Contract substantially in the contract form that is attached as Attachment C. The terms and conditions included in Attachment C, other than those identified in section 4.7.7 of this RFP, are not subject to negotiation.

3.12 Contractual Obligation

LEO is not obligated as a result of a proposer’s submitting a Proposal to enter into a Contract with the proposer, and LEO has no financial obligation to any proposer arising from this RFP.

Section 4: Evaluation and Award

4.1 Evaluation Process

4.1.1 Evaluation Overview.

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LEO shall conduct an evaluation of the Proposals received in response to this RFP.

LEO shall evaluate and score all Proposals on the completeness, quality, and applicability of the content of the Proposals in accordance with the following criteria:

4.2: Evaluation of Administrative Proposal (Pass/Fail)

4.3: Evaluation of Technical Proposal (Scored)

4.4: Evaluation, Scoring and Ranking of Price Proposal (Scored)

4.5: Reference Checks for the Proposer’s Company (Scored)

4.6: Ranking of Proposals

Each criterion is explained in more detail below.

4.1.2 Disqualification.

If a proposer attempts to improperly influence the LEO during the proposal review and evaluation process, LEO shall reject the proposer’s Proposal.

4.2 Evaluation of Minimum Requirements (Pass/Fail)

The LEO shall review all Proposals on a pass/fail basis to determine if each Proposal meets the minimum proposal requirements described in section 2.2 of this RFP. A proposer’s failure to comply with the instructions or to submit a complete Proposal may result in LEO deeming the

Proposal not Responsive. LEO shall consider for further evaluation under section 4.3 only those

Proposals that LEO determines are responsive to the minimum proposal requirements. See the

Reservation of LEO’s Rights in section 3.10.

4.3 Evaluation of Technical Proposal (Scored)

The LEO shall score all Proposals using the quantity and quality of information described in this section.

The LEO may request additional clarification from a proposer for any portion of a Proposal. If a

Proposal is unclear, LEO may ask the proposer to provide clarification. A proposer may not submit new information or documentation, however, and a proposer may not use a clarification to rehabilitate a non-responsive Proposal. Proposers must be available during the evaluation period to respond to requests for additional clarification. Proposers shall submit written signed clarification(s) within twenty-four (24) hours, Monday through Friday, after receiving LEO’s request. A proposer’s failure to provide clarification may result in a lower score for the proposer’s Proposal. The LEO will assign points to each Proposal as follows:

100 Points possible Point Basis

5 Written Proposal presentation – all items are easily located and clearly identified.

20 Proposer’s experience in providing the same or similar services.

10 Proposer’s experience working with members of different protected classes and the body of anti-discrimination laws.

50 Proposer’s response to the Technical Proposal Elements (Attachment B), and the Requested Information (Attachment E).

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5 Complete, Detailed Pricing. See 4.4.

10 A proposer shall provide two (2) references that can rate the proposer’s performance in these categories (See 4.5):

Knowledge and experience with investigative processes.

Knowledge and experience with state and federal anti-discrimination laws.

Knowledge of written communication skills.

4.4 Evaluation, Scoring and Ranking of Price Proposal

Proposer shall provide a Price Proposal using the form attached to this RFP as Attachment D.

The LEO shall award the maximum points available for the lowest Price Proposal price or rate.

The price proposal must be detailed and complete, include an hourly rate for each person that will perform Services under the public contract and must identify each category of Services to which a different hourly rate will apply, if any.

4.4.1 Reciprocal Preference.

In accordance with OAR 137-046-0310, when evaluating Proposals, LEO will add a percentage increase to the Price Proposal of a non-resident proposer that is equal to the percentage, if any, of the preference that would be given to that proposer in the state in which the proposer resides. If the proposer is not located in this state and is a law firm, the proposer must be licensed by the Oregon Bar Association to practice law in this state.

4.5 Reference Checks for the Proposer’s Company

LEO reserves the right to request references (in addition to those the proposer provides), to investigate any references whether or not furnished by the proposer and to investigate the past performance of any proposer. LEO may investigate the qualifications of a proposer, including but not limited to: successful performance of similar services; compliance with specifications and contractual obligations; the proposer’s completion or delivery of services on schedule; and the proposer’s lawful payment of suppliers, subcontractors and workers. LEO may postpone awarding or executing the Contract after the announcement of the apparent successful proposer in order to complete LEO’s investigation. See Reservation of LEO’s Rights in section 3.10.

The LEO may attempt to contact two sources for each reference given. The LEO may make up to three attempts to contact each of the reference sources. LEO will make these attempts during normal business hours. If the three attempts are unsuccessful, the proposer will receive zero points for that reference source.

LEO shall ask each reference that LEO contacts questions related to the categories specified above.

4.6 Ranking Proposals

The LEO shall add together the points awarded to determine the total score and ranking of each

Proposal.

4.6.1 Preference for Oregon Supplies and Services.

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

4.6.2 Responsive Proposals and Responsibility Determinations.

4.6.2.1 Responsive Proposals.

To be considered Responsive, a Proposal must substantially comply with all requirements of this RFP and all prescribed public solicitation procedures. In evaluating whether a Proposal is Responsive, LEO may waive minor informalities and irregularities. Before awarding a Contract, LEO intends to evaluate whether the apparent successful proposer meets the applicable standards of responsibility identified in OAR 137-047-0500. In doing so, LEO may investigate the proposer and request information in addition to information already required in this RFP, when LEO, in LEO’s sole discretion, considers additional information necessary or advisable.

4.6.2.2 Responsibility Determination.

PLEASE NOTE: LEO reserves the right, pursuant to OAR 137-047-0500, to investigate and evaluate, at any time prior to award and execution of the Contract, the apparent successful proposer's responsibility to perform the Contract.

Submission of a signed Proposal shall constitute approval for LEO to obtain any information LEO deems necessary to conduct the evaluation. LEO shall notify the apparently successful proposer in Writing of any other documentation required, which may include but is not limited to: recent profit-and-loss history; current balance statements; assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims; availability of short-term and long-term financing; bonding capacity; credit information; material; equipment; facility and personnel information; record of Contract performance; etc. LEO will reject a

Proposal from a proposer that fails to promptly provide this information.

LEO may postpone awarding the Contract after announcing the apparent successful proposer in order to complete LEO’s investigation and evaluation. The apparent successful proposer’s failure to demonstrate responsibility, as required under ORS 279B.110 and OAR 137-047-0500, will result in LEO’s deeming the proposer not Responsible and will constitute grounds for LEO to reject the

Proposal under ORS279B.100.

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4.7 Award Notification and Process

4.7.1 Award Consideration.

LEO may determine, at LEO’s sole and absolute discretion, whether the Contract is in

LEO’s best interest and the best interest of the State of Oregon. LEO reserves the right to withdraw any or all items from consideration for an award of a Contract.

4.7.2 Notice of Intent to Award a Contract.

LEO reserves the right to announce LEO’s intent to award a Contract before actually awarding the Contract by posting a letter on OregonBuys (“Intent-to-Award Notice”).

The Intent-to-Award Notice serves as notice to all proposers that LEO intends to negotiate and to make an Award.

4.7.3 Review of Proposal Files.

Proposers may have five (5) calendar days from the date of the Intent-to-Award Notice within which to view the Proposal files (by appointment).

4.7.4 Protest of Notice of Intent to Award.

A proposer that claims to have been adversely affected or aggrieved by the selection of a competing proposer may protest the selection by submitting, not later than seven (7) calendar days after LEO has issued an Intent-to-Award Notice, a Written, signed protest by U.S. mail or courier, or by personal delivery, to the SPOC at the address listed on the first page of this RFP. To be adversely affected or aggrieved, a proposer must demonstrate that all higher ranked Proposals were ineligible for selection in accordance with ORS 279B.410 (1)(a) and (b). LEO shall resolve protests in accordance with Oregon

Administrative Rules.

PLEASE NOTE: LEO will not consider a protest that a proposer submits after the deadline. LEO will not accept faxed or electronically transmitted protests.

4.7.5 Response to Protests of Intent-to-Award Notice.

LEO intends to respond in Writing to protests of LEO’s Intent-to-Award Notice that adversely affected or aggrieved Proposers file properly. Any response that LEO provides, however, does not itself constitute confirmation that the Proposer is in fact adversely affected or aggrieved and therefore entitled to protest the Intent-to-Award Notice.

4.7.6 Insurance Certification and Performance Bond.

Within seven (7) calendar days after the date of the Intent-to-Award Notice, the apparently successful proposer shall provide all required proofs of insurance. Failure to present the required documents within the seven (7) calendar-day period may result in

LEO’s rejecting the proposer’s Proposal. Proposers are encouraged to consult their insurance agent(s) about the insurance requirements set forth in this RFP before submitting a Proposal.

4.7.7 Negotiation.

LEO may elect to negotiate the following terms and conditions of the Contract:

4.7.7.1 Method of payments

4.7.7.2 Indemnification

4.7.7.3 Termination

Request for Proposals #_____ Page 16 of 48

4.7.7.4 Invoicing

4.7.7.5 Prices in response to potential supply cost fluctuations

4.7.7.6 Units

4.7.7.7 Insurance

4.7.7.8 Terms and conditions beyond the minimum requirements

4.7.7.9 Project phasing

LEO intends to complete Contract negotiations, if necessary, within approximately ten

(10) business days after the award notification. If LEO and the proposer cannot reach mutually agreeable terms within a reasonable time period, as judged by LEO, LEO reserves the right to cancel the award to the proposer and to award the Contract to another proposer.

4.7.8 Award.

After the seven (7) calendar-day protest period for the LEO’s Intent-to-Award Notice expires and LEO has resolved all protests, LEO will proceed with the final Award. LEO reserves the right to award a Contract to the Responsible proposer that has met the minimum proposal requirements and has received the highest total score for the

Technical Proposal Requirements and pricing (sections 2.2 and 2.4).

Section 5: Attachments

Attachment A – Proposal Cover Sheet

Attachment B – Technical Proposal Elements

Attachment C – Form of Contract (Sample)

Attachment D – Price Proposal

Attachment E – Requested Information

All attachments listed in this section are incorporated into this RFP by this reference.

Request for Proposals #_____ Page 17 of 48

Attachment A - Proposal Cover Sheet

Proposer Name: __________________________________________________________

Primary Contact Person: ______________________ Title: ____________________________

Address: ____________________________________________________________________

City, State, Zip: ______________________________________________________________

Telephone: _______________

E-mail Address: ______________________________________________________________

Name and title of the individual(s) authorized to represent the proposer in any negotiations and sign any Contracts that may result:

Name: _______________________________Title:____________________________________

Minimum Proposal Requirements: This Proposal:

• Addresses all Technical Proposal Requirements described in section 2.2, including but not limited to section 1.4, Scope of Work; and

• Includes a Price Proposal described in section 2.3 (separate from the rest of the Proposal and substantially in the form shown as Attachment D to this RFP).

To meet the requirements of section 4.5 of this RFP, References, provide at least three (3) references with telephone numbers and email addresses (please verify numbers). References must be able to describe and verify the quality of your services in accordance with the requirements set forth in section 4.5 of this RFP. Representations, Attestations and

Certifications: The undersigned further acknowledges, attests and certifies individually and on behalf of the proposer that:

1. The proposer has not made and will not make any attempt to induce any other person or organization to submit or not submit a Proposal.

2. Information and prices included in this Proposal shall remain valid for one hundred twenty

(120) days after the due date for this Proposal or until a Contract is awarded, whichever comes first.

3. The undersigned recognizes that this is a public document and is open to public inspection.

4. The proposer acknowledges receiving all Addenda issued under this RFP.

5. The proposer does not discriminate in the proposer’s employment practices with regard to race, color, creed, religion, sex, sexual orientation, national origin, age or disability, nor has the proposer or will the proposer discriminate against a subcontractor in awarding a subcontract because the subcontractor is a disadvantaged, minority, women or emerging small business enterprise certified under ORS 200.055.

Request for Proposals #_____ Page 18 of 48

6. Affirmative Action Program: LEO is an equal employment opportunity employer and values diversity in the work force. LEO requires proposers that are awarded a Contract to have an operating policy as an equal employment opportunity employer. Firms of 50 people or less do not need to have a formal equal employment opportunity program, but must have an operating policy supporting equal employment opportunity.

________________________ (Name of Firm) has an operating policy supporting equal employment opportunity. Firms of 50 people or more also must have a formal equal employment opportunity program.

Yes No Does your firm have 50 or more employees?

Yes No Does your firm have a formal equal employment opportunity program?

7. The proposer, acting through the proposer’s authorized representative, has read and understands all RFP instructions, specifications and terms and conditions contained within this RFP and all Addenda, if any;

8. The proposer agrees to and shall comply with, all requirements, specifications and terms and conditions contained within this RFP, including all Addenda, if any;

9. This Proposal responds to the specific language contained in this RFP, and the proposer has made no assumptions based upon either (a) oral or Written statements not contained in this

RFP, or (b) any previously issued RFP, if any.

10. The proposer agrees that if awarded the Contract, the proposer will be authorized to do business with the State of Oregon at the time of the Award;

11. LEO is not liable for any claims or be subject to any defenses the proposer may assert that are based upon, result from, or are related to, the proposer's failure to comprehend all requirements of this RFP.

12. LEO is not liable for any expenses the proposer incurs in either preparing or submitting the proposer’s Proposal, or in participating in the Proposal evaluation or Contract negotiation process, if any.

13. Office of Foreign Assets Control of the U.S. Department of the Treasury and U.S.

Department of State: The proposer and the proposer’s employees and agents are not included on:

a) The “Specially Designated Nationals and Blocked Persons List” maintained by the

Office of Foreign Assets Control of the U.S. Department of the Treasury and currently found at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx; or

b) The list entitled “Foreign Terrorist Organizations” maintained by the U.S. Department of

State and currently found at

< http://www.state.gov/j/ct/rls/other/des/123085.htm >.

http://www.state.gov/j/ct/rls/other/des/123085.htm

Request for Proposals #_____ Page 19 of 48

14. The signatory of this Proposal cover sheet is a duly authorized representative of the proposer, has been authorized by the proposer to make all representations, attestations and certifications contained in this Proposal document and all Addenda, if any, issued, and to execute this Proposal document on behalf of the proposer.

15. By signature below, the undersigned authorized representative hereby certifies on behalf of the proposer that all contents of this Proposal cover sheet and the submitted Proposal are truthful, complete and accurate. Failure to provide information required by this RFP may ultimately result in LEO’s rejecting the Proposal.

THIS OFFER MUST BE SIGNED IN BLUE INK BY A DULY AUTHORIZED

REPRESENTATIVE OF THE PROPOSER; ANY ALTERATIONS OR ERASURES TO THE

OFFER MUST BE INITIALED IN INK BY THE UNDERSIGNED AUTHORIZED

REPRESENTATIVE.

SIGNATURE OF THE PROPOSER'S DULY AUTHORIZED REPRESENTATIVE FOR ALL

SECTIONS:

Authorized Signature: __________________________________________________________

Print Name: __________________________________________________________________

Title: _______________________________________________________________________

Contact Person (Type or Print): ___________________________________________________

Telephone Number: (___) _____________________

Request for Proposals #_____ Page 20 of 48

Attachment B – Technical Proposal Elements

The following requirements are necessary for successful implementation of the Contract for the proposer to provide adequate process counseling and/or investigative services. Proposals will be scored based on the thoroughness of the response and the ability of the Proposal to fulfill as many of the requirements listed as possible. In their response proposers must provide a point-by-point response to each requirement listed below and indicate how the requirements will be met. Scoring evaluation criteria is further defined in section 4.3.

Technical Requirements

The Contractor shall:

1. Meet requirement(s) of licensure under ORS 703.405 and 703.430; or meet one of the following exceptions under ORS 703.411: A person employed by the Legislature to conduct investigations; or an attorney admitted to practice law in Oregon.

2. Meet the following training requirements within first year of contract:

A. 12 hours of annual training on the following topics:

i. Conducting investigations;

ii. Conducting investigations involving claims of sexual harassment; and

iii. Conducting trauma-informed investigations.

B. Annual attendance at the LEO’s Respectful Workplace Training.

C. 40 hours of training in advocacy for victims of domestic violence, sexual assault, stalking or workplace harassment, including harassment based on race, gender or disability, that laws been approved by the Attorney General by rule. ORS 40.274

3. Employ:

A. Evidence based and trauma-informed interview techniques;

B. Timely best practices in investigations; and

C. Interview and report writing techniques that mitigate the impacts of personal bias.

4. Develop and maintain:

A. Records that establish that the proposer meets all investigative requirements and standards established by the Legislative Branch.

B. Investigative files, including written and electronic records.

C. Additional information for the purposes of updating records.

Request for Proposals #_____ Page 21 of 48

General Requirements

The Contractor shall:

1. Receive complaints and reports alleging harassment or other conduct that is asserted to violate standards of harassment, discrimination or retaliation prescribed by legislative branch personnel rules;

2. Provide offsite process counseling including providing information on legislative branch personnel rules, policies and reporting processes; providing information on the extent to which information may be kept confidential or may be subject to disclosure.

3. Make recommendations regarding interim safety measures to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of independent investigator recommendations on interim safety measures.

For matters in which the contractor has not provided process counseling, the Contractor shall:

1. Conduct investigations, determine facts, write investigative reports and report outcomes of investigations to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of independent investigator reports;

2. Make recommendations regarding interim safety measures to appointing authorities or other persons or entities identified in legislative branch personnel rules or chamber rules as recipients of investigator reports.

3. Appear at Conduct Committee hearings following the conclusion of an investigation and upon request by the LEO and/or by the Committee on Conduct at any other meeting or hearing.

4. Report each week in writing to the Legislative Equity Officer with respect to the

Contractor’s activities under the contract.

5. Perform such other duties as the Legislative Equity Officer may direct and that are consistent with other services as contracted.

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Attachment C – Form of Contract (Sample)

STATE OF OREGON

CONTRACT FOR THE

PURCHASE OF SERVICES

(“Contract”)

This Contract is between the State of Oregon (“State”), acting by and through the Legislative Equity Office acting by and through the Legislative Equity Officer (“Legislative Equity Officer”) under ORS 173.909, and

__________________ (“Contractor”). In this Contract, “Party” or “the Parties” means one or more of the entities described in this paragraph and does not include any third party.

This Contract is effective on the date that all Parties have signed the Contract and obtained all required State of Oregon approvals. This Contract expires on the later of the date Contractor has completed and the Legislative

Equity Officer has accepted all Services in accordance with the requirements of this Contract or December 31, 2021.

RECITALS

A. The Legislative Equity Officer desires to engage Contractor to enable the Legislative Equity Officer to achieve the Legislative Equity Officer’s business and mission objectives by means of Contractor’s providing the Services (defined below).

B. Contractor desires to perform the Services for the Legislative Equity Officer.

AGREEMENT

The Legislative Equity Officer and Contractor agree to give effect to the recitals above by mutually establishing the terms and conditions below and agree that the promises of performance exchanged in this Contract constitute adequate consideration for this Contract.

DEFINITIONS

As used in this Contract:

“Amendment” means an alteration of a term or condition of this Contract, the contents of any appendices or attachments or any other material alteration of this Contract.

“Authorized Representative” means a person that represents a Party to this Contract who has authority to make commitments and decisions on the Party’s behalf regarding the performance of this Contract.

“Confidential Information” is defined in section 3.AA.

“Contract” means the documents described in section 3.Z. and the agreement or agreements embodied in the documents.

“Services” means all services that Contractor performs under this Contract in accordance with the specifications set forth in section 1.B - Services Under This Contract.

Other capitalized terms that are not defined in this section have the meaning ascribed to the terms elsewhere in this Contract or in OAR 137-046-0110. The definitions in OAR 137-046-0110 are incorporated into this Contract by this reference. To the extent that a definition in OAR 137-046-0110 conflicts with a definition in this section, the definition in this section controls for the purposes of this Contract.

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ORGANIZATION

For the convenience of the Parties, this Contract consists of several parts denominated as sections and numbered with Arabic numerals. Within each section may be one or more paragraphs sequentially numbered with alphabetic characters (for example, paragraph A), and within each paragraph may be subparagraphs sequentially numbered with lowercase Roman numerals (for example, subparagraph i). References within this

Contract to specific sections, paragraphs or subparagraphs refer only to the provisions in those specific sections, paragraphs or subparagraphs, except that references to sections include the provisions of all paragraphs and subparagraphs within the sections, and references to paragraphs include the provisions of all subparagraphs within the paragraph. With the exception of such references or as otherwise stated within this Contract, the division and organization of this Contract does not control or affect the meaning or construction of this Contract.

1. STATEMENT OF SERVICES.

Contractor shall perform the Services described below.

A. GENERAL INFORMATION

The Legislative Equity Office is a legislative service agency established under ORS 173.900 and charged with conducting training with respect to appropriate conduct within the legislative branch workplace, with…