RFP_firearm_auction_7-07-21_FINAL.doc

RFP DASPS-2334-21 Consignment Auction Services

State of Oregon

Cover Page Department of Administrative Services, Procurement Services

On behalf of

The Department of Administrative Services, Enterprise Asset Management, Surplus Property Program consignment Auction Services Request for Proposal (RFP)

DASPS-2334-21

Date of Issue: 7/12/2021 Closing Date and Time: 8/12/2021 @ 2:00 PM PST Single Point of Contact (SPC):

Stefani Tew Address:

1225 Ferry St. SE City, State, Zip:

Salem, OR 97302 Phone:

971-701-1860 E-mail:

Stefani.Tew@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.

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

4SECTION 2:

AUTHORITY, DEFINITIONS, AND SCOPE

42.1

AUTHORITY AND METHOD

42.2

DEFINITION OF TERMS

42.3

SCOPE OF WORK/SPECIFICATIONS

4SECTION 3:

PROCUREMENT REQUIREMENTS

43.1

MINIMUM QUALIFICATIONS

43.2

MINIMUM SUBMISSION REQUIREMENTS

53.3

PROPOSAL REQUIREMENTS

7SECTION 4:

SOLICITATION PROCESS

74.1

PUBLIC NOTICE

74.2

PRE-PROPOSAL CONFERENCE

74.3

QUESTIONS / REQUESTS FOR CLARIFICATIONS

84.4

SOLICITATION PROTESTS

84.5

PROPOSAL DELIVERY OPTIONS

94.6

PROPOSAL MODIFICATION OR WITHDRAWAL

94.7

PROPOSAL DUE

94.8

PUBLIC OPENING

104.9

PROPOSAL REJECTION

104.10

EVALUATION PROCESS

124.11

RANKING OF PROPOSERS

12SECTION 5:

AWARD AND NEGOTIATION

125.1

AWARD NOTIFICATION PROCESS

125.2

INTENT TO AWARD PROTEST

135.3

APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

155.4

CONTRACT NEGOTIATION

16SECTION 6:

ADDITIONAL INFORMATION

166.1

CERTIFIED FIRM PARTICIPATION

166.2

GOVERNING LAWS AND REGULATIONS

166.3

OWNERSHIP/PERMISSION TO USE MATERIALS

166.4

CANCELLATION OF RFP; REJECTION OF PROPOSAL; NO DAMAGES.

176.5

COST OF SUBMITTING A PROPOSAL

176.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

176.7

RECYCLABLE PRODUCTS

176.8

CHECKLIST DISCLAIMER

LIST OF ATTACHMENTS

ATTACHMENT A SAMPLE CONTRACT

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E PRICE PROPOSAL FORM

ATTACHMENT F COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Administrative Services, Procurement Services (“DASPS”) is issuing this Request for Proposal on behalf of the Department of Administrative Services, Enterprise Asset Management, Surplus Property Program (“Agency” or “Surplus”).

Surplus manages the surplus property for the State of Oregon and one of its main functions is the liquidation of this surplus property. Surplus has a need for a vendor who can provide consignment-type auctions. In consignment-type auctions, the auctioneer will take possession of the property in advance of the auction. This property will include, but is not limited to, firearms, and to qualify for a Contract under this RFP, proposers must have a Federal Firearms License issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives to engage in the business of firearms. Each Proposer must also be a member in good standing of the National Auctioneer Association and be employed as a full-time professional auctioneer. Additional details on the scope of the goods or services, or both, are included in Section 2.3 (Scope of Work/Specifications) and Section 3.3 (Proposal Requirements) of the RFP.

Agency anticipates the award of one Contract from this RFP.

The initial term of the Contract is anticipated to be 2 years with options to renew by mutual agreement in an Amendment signed by all parties.

1.2 SCHEDULE

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

1.3 SINGLE POINT OF CONTACT (“SPC”)

The SPC for this RFP is identified on the Cover Page of this RFP, 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, DEFINITIONS, AND SCOPE

2.1 AUTHORITY AND METHOD

DASPS is issuing this RFP pursuant to its authority under OAR 125-246-0170(2).

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

2.2 DEFINITION OF TERMS

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

2.3 PURPOSE

The purpose of this RFP is to obtain a qualified firm that will conduct auctioneering services throughout the State of Oregon for surplus property managed by Agency. All entities or individuals that submit Proposals in response to this RFP are referred to as “Proposers”; after Proposal evaluations and negotiations are complete, the Proposer entering into the Agreement with Surplus is referred to as the “Contractor”.

2.4 SCOPE OF WORK/SPECIFICATIONS

Contractor shall take custody of the property to be auctioned from the Agency, catalog the contents for sale, advertise and auction off items, and provide Agency a detailed accounting of any transactions. Auctioneer must have a Federal Firearms License issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives to engage in the business of firearms. Additional information on the scope of work can be found in the Statement of Work attached as Exhibit A to the Sample Contract included as Attachment A of this RFP.

SECTION 3: PROCUREMENT REQUIREMENTS

3.1 MINIMUM QUALIFICATIONS (PASS/FAIL)

To be considered for evaluation, a Proposal must demonstrate how the Proposer meets all requirements of this RFP, including the following:

Licensing Requirements Proposer shall hold a Federal Firearms License issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives and shall submit a copy of this license with its Proposal.

Professional Qualifications

Proposer must be a member in good standing of the National Auctioneer Association and be employed as a full-time professional auctioneer.

Item Pick-Up

Proposer must be able to pick-up items at the locations requested by Agency, or at locations mutually agreed upon. Most items for pick-up will be located in Salem, Oregon or within a 50-mile radius.

3.2 MINIMUM SUBMISSION REQUIREMENTS

Proposal Submissions

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

· Administrative Summary

· Technical Approach to Services

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check Form (Attachment D)

· Price Proposal Form (Attachment E)

· COBID Certification / Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Key Persons and Resumes

Proposal Format and Quantity Proposal should follow the format and reference the subsections listed in Section 3.3 (Proposal Requirements) of this RFP. Responses to each subsection should be clearly labeled to indicate the item being addressed.

If Proposer is submitting its Proposal via mail or parcel carrier, Proposer shall submit one (1) original hard copy on white 8 ½” x 11” Recycled Paper, clearly marked as the “master,” and four (4) electronic copies on electronic media such as a USB drive, DVD, or CD. The total combined size of the Proposal and coversheet should be compressed so it does not exceed 10 megabytes.

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

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall submit a fully completed Disclosure Exemption Affidavit (Attachment E) and a fully redacted version of its Proposal, clearly identified as the redacted version.

Proposer shall describe in detail how it will meet the requirements of this RFP and may provide additional related information with its Proposal.

Proposals must be organized into the following primary sections in the following order:

Disclosure Exemption Affidavit (Attachment B) (Only required if Proposer believes any part of Proposal is exempt from disclosure).

Proposers Information & Certification Sheet (Attachment C)

References Check Form (Attachment D)

Price Proposal Form in a separate file (Attachment E)

COBID Certification/Outreach Plan (Attachment F)

Responsibility Inquiry (Attachment G)

Administrative Summary Technical Approach to Services

Key Persons and Resumes

Proposals must be straightforward and concise and provide a “layman’s” explanation of technical terms that are used. Proposers should not assume that the Evaluation Committee is knowledgeable of Proposer’s previous related work. Emphasis should be focused on responding to the RFP requirements, on providing a complete and clear description of the Proposal, and on conforming to the RFP instructions. If a complete response cannot be provided without referencing supporting documentation, Proposer shall provide such documentation with the Proposal indicating where the supplemental information can be found.

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

Proposer’s electronic copies of the Proposal on USB drive, DVD, or CD must be formatted using searchable Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

If Proposer elects to email its Proposal, the attachment size is limited to 20 megabytes. Please note that DASPS is NOT able to accept Zip files via email.

Authorized Representative

Failure of Proposer’s authorized representative to sign the Proposal (Attachment C) may result in rejection of the Proposal by DASPS.

3.3 PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the goods to be provided, or the services to be performed, or both. A Proposal that merely offers to provide the goods or services as stated in this RFP will 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.

Proposer Information and Certification Sheet (Attachment C) Proposer shall complete and submit the Proposer Information and Certification Sheet.

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

References (Attachment D) Proposer shall provide three (3) references, using the provided Reference Check Form, from current or former clients, for similar projects performed, for any clients within the last five (5) years. Reference forms must be completed by the reference, returned to the Proposer, and submitted with the Proposal. Three (3) references are required, if the Proposer submits more than three (3) references, only the first three (3) references in descending order will be used.

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

Price Proposal (Attachment E) Proposer shall provide the Proposer’s proposed fee schedule for all charges Agency would incur to conduct the sale of the surplus property, including but not limited to the following: firearms, jewelry, coins, collectible items, art and tools.

Key Persons and their Resumes (Attachment F) Specify key persons to be assigned to this project and include a current resume (not to exceed two pages each) for each key person that demonstrates the person’s qualifications and experience for the work described in this RFP.

Responsibility Inquiry Sheet (Attachment G) The Proposer shall complete and submit the Responsibility Inquiry Sheet.

Administrative Summary Proposer must include an Administrative Summary of no more than two (2) pages that condenses and highlights the contents of the Proposal, and includes an overview of the Proposer’s understanding of the contents of the RFP and a description of how the Proposer meets the minimum qualifications in Section 3.1.

Technical Approach to Services Proposer must provide a work plan that the Proposer intends to follow in performing the work requested in this RFP and must explain how the plan will serve to coordinate and accomplish the work requested.

The approach must include, but is not limited to, the following:

1. Coordinate with Agency to meet and receive items to be auctioned by Contractor.

2. Verify items received and sign-off on item list provided by Agency confirming that items were received and accounted for by Proposer in connection with the transfer.

3. Securely maintain items throughout time of possession.

4. Prepare items for sale.

5. Post items for online and/or in-person auction within 30 days of receipt of items, or mutually agreed upon timeframe.

6. Collect all proceeds from sale.

7. Provide Agency with an item-by-item sale record and return all proceeds, less vendor fee(s) to Agency within 14 days of sale, or other mutually agreed upon timeframe.

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. RFP 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

A Pre-Proposal conference will not be held.

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 sent to the SPC via email;

· Reference the RFP number;

· Identify Proposer’s name and contact information;

· Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and

· Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

4.4 SOLICITATION PROTESTS

Protests to RFP

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

Protests to Addenda

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

Requirements for Protests All protests must:

· Be sent to the SPC via email;

· Reference the RFP number;

· Identify prospective Proposer’s name and contact information;

· Be sent by an authorized representative;

· State the reason for the protest, including:

· the grounds that demonstrate how the Procurement Process is contrary to law, unnecessarily restrictive, legally flawed, or improperly specifies a brand name; and

· evidence or documentation that supports the grounds on which the protest is based; and

· State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule set forth in Section 1.2. Protests to an Addendum must be received by the due date identified in the Addendum.

4.5 PROPOSAL DELIVERY OPTIONS

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

Delivery through Mail or Parcel Carrier

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

Email Delivery

A Proposal may be emailed, and must be clearly labeled in Subject Line to identify the RFP Title and Number. A Proposal will be accepted, prior to Closing, during Agency’s normal Monday – Friday business hours of 8:00 a.m. to 5:00 p.m. Pacific Time, except during State of Oregon holidays and other times when Agency is closed. It must be delivered to the attention of the SPC at the email address listed on the Cover Page.

4.6 PROPOSAL MODIFICATION OR WITHDRAWAL

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

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 Closing in accordance with OAR 125-247-0440. To be effective, the notice must include the RFP number.

4.7 PROPOSAL DUE

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

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

4.8 PUBLIC OPENING

A public Opening will be held on the date and time listed in the Schedule set forth in Section 1.2 and at the SPC address specified on the Cover Page. Only the name of the Proposer will be read at the Opening, no other information will be made available at that time. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

4.9 PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

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

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

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

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

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

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

4.10 EVALUATION PROCESS

Responsiveness and Responsibility Determination

4.10.1.1 Responsiveness Determination

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

4.10.1.2 Responsibility Determination (Attachment G)

Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Contract. Each Proposer must submit a signed Responsibility Inquiry form (Attachment G) with its Proposal.

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

Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. 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 the table below.

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.

Scoring will be based on the categories described below. The Proposer must describe in detail how Proposer meets the requirements that are specified in this RFP for each of the evaluation criteria referenced in the table below. The maximum score for each evaluation criteria is set forth in the table below and the total maximum score for all evaluation criteria is 100 points.

Key Persons & Resumes

At a minimum, describe the following related to each evaluation criterion:

4.10.1.3 Evaluation Item 1 - Administrative Summary, to address, at a minimum, the following:

· How long have you been in business?

· Typically, how many customers are drawn to the auctions that you conduct?

· Do you sell internationally?

· Have you worked with the State of Oregon before on auctioning items?

· Provide your firm’s website link.

4.10.1.4 Evaluation Item 2

- Technical Approach to Services, to address, at a minimum, the following:

· What is the process for storing, handling and advertising goods prior to the auction sale? (e.g. Where are items stored until auction? What is your process for handling the transfer of the item to purchaser? Do you advertise goods that will be at an auction? If so, how?)

· Describe the auction sale process.

· Describe the process for delivery of auction proceeds to Agency?

· How secure is Proposer’s process for the transfer of weapons and other items sold at auctions to the purchasers?

4.10.1.5 Evaluation Item 3

Key Persons & Resumes; Reference Check

· How well does the experience of the Key Persons align with Agency’s needs?

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 20 points.

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

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

· All other Proposers will receive 0 points.

All Proposers must submit a rate percentage in item 1 of the table in Attachment E (Price Proposal). Any additional fees must be specified in item 2 of the table. Price Proposals will be scored based on the rates specified in item 1 of Attachment E, based on DASPS’s understanding that such rates are the most common price structure within the auction industry. If two or more Proposers propose the same rate, DASPS will rank such Proposers based on the additional fees specified in item 2 of Attachment E. Notwithstanding the foregoing, DASPS reserves the right to choose a different methodology for scoring Price Proposals if Proposals submitted include significant fees or other charges in item 2 of Attachment E.

PREFERENCES

4.10.1.6 Reciprocal Preference

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

4.10.1.7 Recycled Materials

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

4.10.1.8 Tiebreakers

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

4.11 RANKING OF PROPOSERS

The SPC will average the scores for each Proposal by calculating the total points awarded by each Evaluation Committee member and dividing by the total number of members. The SPC will combine the average score for each Proposal with the Proposer’s Price Proposal score.

After any applicable preference has been applied, DASPS will rank all Proposers at the conclusion of the evaluations and the Proposer with the highest overall point score (ranking number 1) will be selected for Contract award and negotiation.

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

Agency, if it awards a Contract, will award one Contract to the highest ranked Responsible Proposer based upon the scoring methodology and process described in Section 4 of this RFP. Agency may award less than the full scope of work described in this RFP.

5.1.2 Intent to Award Notice

Agency will notify all Proposers in writing that Agency intends to award a Contract to the selected Proposer subject to successful negotiation of any negotiable provisions.

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

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

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

· All higher ranked Proposals are non-Responsive.

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

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

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

If Agency receives only one Proposal, Agency 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 RFP number;

· Identify Proposer’s name and contact information;

· Be signed by an authorized representative of Proposer;

· Specify the grounds for the protest; and

· Be received within 7 calendar days of the Intent to Award notice

5.2.2 Response to Protest

Agency 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 will not be considered by Agency.

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

The 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 Agency proof of insurance as required in this RFP. Insurance Requirements are found in Exhibit B of Attachment A.

5.3.2 Taxpayer Identification Number

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

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

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

ORS 279B.110(2)(f) requires that Proposer provide this prior to execution of the 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 written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

Pay Equity Compliance As required by ORS 279B.235, Contractor shall comply with ORS 652.220 and shall not discriminate against any of Contractor’s employees in the payment of wages or other compensation for work of comparable character, the performance of which requires comparable skills, or pay any employee at a rate less than the rate paid to another employee for comparable work, based on an employee’s membership in a protected class.

“Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Contractor’s compliance with this section constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

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

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation

By submitting a Proposal, Proposer agrees to comply with the requirements of the RFP, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms or conditions listed below as reserved for negotiation. Any Proposal that is conditioned upon DASPS’ acceptance of any other terms and conditions may be rejected.

Proposer should review the attached Sample Contract (Attachment A) and may note exceptions to any of the provisions. Proposer must submit those exceptions to the SPC by the due date for Questions / Requests for Clarification set forth in Section 1.2 (Schedule). If DASPS agrees to modify any provisions of the Sample Contract, DASPS will issue an Addendum to notify Proposers of any such modifications. Unless the Sample Contract is modified by an Addendum, the State intends to enter into a Contract with the successful Proposer substantially in the form set forth in the Sample Contract attached to this RFP as Attachment A. Following the selection of the apparent successful Proposer, DASPS may agree to negotiate changes to the negotiable provisions of the Sample Contract listed below. However, DASPS is not required to negotiate any changes to the Sample Contract and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

The following Contract terms and conditions may be negotiated by DASPS and the apparent successful Proposer:

· Method of Payments

· Term of Contract

· Term Extensions

· Invoicing

· Prices or Consideration

· Statement of Work (Attachment A, Exhibit A), within the scope of work described in this RFP Any negotiated changes are subject to prior approval of the Oregon Department of Justice. In the event that the parties have not reached mutually agreeable terms within 15 calendar days, DASPS may terminate negotiations and commence negotiations with the next highest ranked Proposer.

SECTION 6: ADDITIONAL INFORMATION

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business 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 DASPS 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 DASPS. By submitting a Proposal in response to this RFP, Proposer grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Proposal solely for the purpose of evaluating the Proposal, negotiating a Contract, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to at.

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

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

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.

6.7 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the services described in this RFP and the subsequent Contract.

ATTACHMENT A – SAMPLE CONTRACT

[Place holder]

ATTACHMENT B — disclosure exemption AFFIDAVIT

____________________ (Affiant), being first duly sworn under oath, and representing [insert Proposer Name] (hereafter “Proposer”), hereby deposes and swears or affirms under penalty of perjury that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this affidavit and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals [insert RFP #], for [insert description of RFP], and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

or

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit A to this Attachment C may depend on official or judicial determinations made in accordance with the Public Records Law.

Affiant’s Signature

State of ___________)

) ss:

County of ________)

Signed and sworn to before me on ___________ (date) by ______________________ (Affiant’s name).

Notary Public for the State of ______________________ My Commission Expires: ________________________

EXHIBIT A TO ATTACHMENT B

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s), include section and subsection references:

ATTACHMENT C – PROPOSER INFORMATION & cERTIFICATION SHEET Legal Name of Proposer:

Address:

City, State, Zip:

State of Incorporation:

Entity Type:

Contact Name:

Telephone:

Email:

Oregon Business Registry Number (if required):

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in Attachment A and as modified by any Addenda, except for those terms and conditions that DAS PS has reserved for negotiation, as identified in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to this RFP.

3. Proposal is a Firm Offer for 180 days following the Closing.

4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

5. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS 305.620 and ORS chapters 316, 317 and 318.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to Conract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class. DAS PS may not enter into a Contract with an anticipated Contract price of $150,000 or more with a Proposer that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

7. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Contractor’s continuing compliance constitutes a material element of the Contract and a failure to comply constitutes a breach that entitles Agency to terminate the Contract for cause.

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

8. Proposer is not engaged in the provision of broadband Internet access service, or if at any time Proposer is engaged in or may engage in the provision of broadband Internet access service Proposer is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Contract.

9. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

· the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf., or

· the government wide exclusions lists in the System for Award Management found at: https://www.sam.gov/portal/

10. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify the State in writing.

11. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Certification Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

12. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

13. Proposer acknowledges these certifications are in addition to any certifications required in the Contract and Statement of Work in Attachment A at the time of Contract execution.

Authorized Signature (Printed Name and Title) Date Attachment D – Reference CHECK FORM REFERENCE No. 1:

FIRM NAME: ________________________________________________

ADDRESS: __________________________________________________

CONTACT PERSON: _________________________________________

POSITION TITLE: ___________________________________________

TELEPHONE NUMBER: ______________________________________

E-MAIL:_____________________________________________________

REFERENCE No. 2:

FIRM NAME: ________________________________________________

ADDRESS: __________________________________________________

CONTACT PERSON: _________________________________________

POSITION TITLE: ___________________________________________

TELEPHONE NUMBER: ______________________________________

E-MAIL:_____________________________________________________

REFERENCE No. 3:

FIRM NAME: ________________________________________________

ADDRESS: __________________________________________________

CONTACT PERSON: _________________________________________

POSITION TITLE: ___________________________________________

TELEPHONE NUMBER: ______________________________________

E-MAIL:_____________________________________________________

ATTACHMENT e – Price Proposal The costs to deliver the Services (Attachment A, Exhibit A) will based on the Proposed rates below.

Category 1 – Rates:

*Describe any circumstances in which a flat fee or other charge would apply.

ATTACHMENT F – COBID CERTIFICATION OUTREACH PLAN

Proposer Name:

Date:

Contact Name:

Telephone:

Email:

“Certified Firm” means a small business certified under ORS 200.055 by the Oregon Certification Office for Business Inclusion and Diversity (COBID) as minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own, and emerging small businesses.

Certified Firms must have an equal opportunity to participate in the performance of contracts financed with state funds. By submitting its offer, Proposer certifies that it has taken, and if there are further opportunities, will take reasonable steps to ensure that Certified Firms are provided an equal opportunity to compete for and participate in the performance of any subcontracts resulting from this procurement.

The information submitted in response to this clause will not be considered in any scored evaluation.

1. Is Proposer an Oregon certified firm? Yes No If yes, indicate all certification type(s): DBE and supply

ESB SDV WBE MBE

Oregon State Certification Number: __________________________

2. Include a list of Certified Firms that Proposer has had a contractual relationship with within the last two years.

3. Include a list of firms that Proposer has had a contractual relationship with within the last two years that are not Certified Firms but may be minority-owned, woman-owned, service-disabled veteran-owned or emerging small businesses.

4.…