RFP for TeleGRaM 7.27.22~1.doc

Cover Page Department of Administrative Services, Enterprise Goods and Services, Procurement Services on behalf of itself, other state agencies and ORCPPs Is issuing this Request For Proposals (RFP) under ORS 279B.060 and

OregonBuys Bid Number S-10700-00003881 for

Telephony Gap Resources and Materials (TeleGRaM) and related services Date of Issue: July 27, 2022 Opening Date: September 7, 2022

3:00 PM

Single Point of Contact (SPC):

Rachel R. Smith, IT Procurement Strategist Address:

1225 Ferry St. SE City, State, Zip

Salem, OR 97301

Phone (voice)

(971) 707-0263 E-mail:

Rachel.r.smith@das.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.

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The Department of Administrative Services, Enterprise Goods and Services, Procurement Services (“DAS”), on behalf of itself and other state agencies (“Authorized Purchasers”), is issuing this Request for Proposal (“RFP”) for Telephony Gap Resources and Materials (TeleGRaM) and related services pursuant to ORS 279B.060 and OAR 125-247-260. Additional details are set forth in the Scope of Products and Services section.

DAS anticipates the award of one or more master services agreement(s) (“MSA”) from this RFP. The initial term of the MSAs is negotiable, however. DAS anticipates that the initial term will be five (5) years, with options to renew, not to exceed a total of ten (10) years from the effective date.

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 and her contact information is set forth on the Cover Page. Proposer shall direct all communications or questions related to any provision of the RFP to the SPC only (including all questions about the specifications or technical requirements, the RFP process, the terms of the MSA, or any other provision).

1.4 ATTACHMENT LIST

The following attachments are incorporated into this RFP:

· Attachment A: Sample Master Services Agreement

· Attachment B: Disclosure Exemption Affidavit

· Attachment C: Proposer Information and Certification Sheet

· Attachment D: Reference Check Form

· Attachment E: Price Proposal

· Attachment F: Certified Disadvantaged Business Outreach Plan

· Attachment G: Responsibility Inquiry

· Attachment H: Glossary and Acronyms

1.5 DEFINITION OF TERMS

Please see the Glossary in Attachment H.

SECTION 2: OVERVIEW AND SCOPE

2.1 OVERVIEW AND PURPOSE

The State of Oregon and its agencies, as well as member of the Oregon Cooperative Procurement Program need certain Telephony Gap Resources and Materials (TeleGRaM). The State has had numerous telephone and communications contracts in place over the years. Some of these contracts have been for the benefit of state agencies alone. Two of the primary contracts providing miscellaneous equipment and sets of services (CSP #5223, Lumen Technologies Company including TCPERS and MES and CSP #4707, Hunter Communications) expire December 31, 2022.

While the State has several current contracts that meet most of the agencies’ telephone and communications needs, including:

· Contract #6755, Kyndryl, Inc., Managed Communications Services (state agencies)

· the Broadband suite of contracts, Broadband products (statewide, state agencies and ORCPPs)

· Lumen Technologies 9447

· Charter Communications, Ltd.9450

· Douglas FastNet 9446

· Frontier Communications Northwest, Inc. 2546

· Gorge Networks, LLC 9445

· Hunter Communications & Technologies LLC PO-10700-00006532

· Lightspeed Networks, Inc. 9448, PO-10700-00005715

· Wave Business Solutions, LLC 9452

· Zayo Group, LLC 8460

· Contract 8395, Lumen Technnologies, Network Management Services for Office of Emergency Management (OEM only)

· Lumen Technologies, Network Management Services for Lottery (Lottery only)

· LS Networks, Inc, Judicial Network (Judicial System)

· Presidio, Inc., Managed Services and Call Center for Employment Department (Employment only)

· City of Salem (DAS/EIS Data Center Services)

· Oregon Fiber Partnership (DAS/EIS)

· Several IRUs with various entities

· NASPO Wireless PA’s (AT&T-1663; Verizon-1662; T-Mobile-1664) The State faces a quandary about many products and services that do not appear to be included in the above contracts and how to fill the gap. The State has listed some of those “gap” products and services in the Scope of Products and Services below; there may be many others. The State is seeking providers to fill these gaps and to provide products and services that the State may not even be aware of! The State prefers that contract offerings do not overlap.

The State intends to enter into one or more MSAs to provide products and services to Authorized Purchasers. An Authorized Purchaser will be able to conduct a best value comparison based upon any number of factors and award Service Order (SOs) through requests for quotes or, if permitted by law, directly award SOs to the provider of the Authorized Purchaser’s choice

2.2 SCOPE OF PRODUCTS AND SERVICES NEEDED

2.2.1 Products and Services

The State needs the following Products and Services:

· Basic exchange services, including: POTS – 1 FB; ISDN PRI; and ISDN BRI

· Business Lines and associated calling services

· Three-Way Calling (and associated three way calling services)

· Directory listing services

· Call Blocking (900/976 etc.)

· Long Distance, toll free and international toll free

· Emergency services, including: 911-Basic; 911- Enhanced; PS ALI Services; and PSAP equipment and maintenance services

· Consulting, Project Planning and Project Management

· Installation, Configuration, Implementation

· User and Acceptance Testing

· Training

· Ongoing Services; Maintenance and Repair (MACD), Escalation Plan, Billing, Reporting

· Customer Services/Help Desk

· Web Based portal (including tickets and invoicing)

2.2.2 Additional or Value-Added Services

Proposer may offer additional or value-added products and/or services to complement its proposed services. These associated products and/or services should fulfill a gap or service not provided to the state on the existing contracts listed above in section 2.1. For example, telephone line provisioning and troubleshooting coordination service.

2.3 OTHER REQUIREMENTS

2.3.1 Security Statement and Statewide Security Standards

Proposer shall acknowledge its compliance with the State’s security requirements and Standards in its Proposer Information and Certification Sheet (Attachment C).

2.3.2 Performance Metrics and Service Levels (SLA’s)

Proposer shall provide its Service Level standards.

SECTION 3: PROPOSAL SUBMISSIONS

3.1 SUBMISSIONS

To be Responsive and to be considered for evaluation, the Proposal must contain each of the following elements:

3.1.1 Proposer Information and Certification Sheet (Attachment C)

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

Failure to demonstrate compliance with Oregon Tax Laws as set forth in the Proposer Information and Certification Sheet (Attachment C) may result in a finding of non-Responsibility.

3.1.2 Disclosure Exemption Affidavit (Attachment B)

Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) as part of the Proposal. SUBMISSION IS REQUIRED EVEN IF PROPOSER IS NOT IDENTIFYING CONFIDENTIAL OR PROPRIETARY INFORMATION AND DATA FOR NONDISCLOSURE. If Proposer is identifying items for nondisclosure, Proposer must identify the item or portion of the Proposal that is exempt from disclosure and the basis for the exemption.

Redacted Proposal. And if Proposer is identifying items for nondisclosure, Proposer must provide an appropriately redacted single electronic copy of the complete, original Proposal submission.

3.1.3 Executive Summary

Proposer’s response must contain an Executive Summary, not to exceed three (3) pages, that summarizes Proposer’s products and services, approach, organization and personnel, abilities, and how it will fulfill the State’s needs and requirements as set forth in this RFP.

3.1.4 Proposer’s Organization, including: Experience and Capabilities, Key Persons, Organizational Chart, List of Subcontractors

· Organization. Proposer shall provide an organizational chart.

In addition, Proposer must provide a profile of its organization including: an overview of its organization; description of the structure of its business; how the organization can effectively deliver the Products and/or Services described in this RFP; location of the organization’s offices (headquarters and branches); location of the office from which employees will be assigned to provide Products and/or Services; number of employees located in the Pacific Northwest, nationally, and internationally; and established business relationships with proposed original equipment manufacturers and other suppliers and subcontractors.

· Experience and Capabilities. Proposer must describe its experience and capacity to perform the Services and provide the Products described in this RFP. Proposer must demonstrate it has three (3) or more years of experience providing the Products and/or Services requested for state and local governmental entities of all sizes.

· Personnel. Proposer shall submit a list of its Key Persons, other staff, and subcontractors. For all personnel designated as a Key Person, Proposer must submit a current resume (not to exceed 2 pages each) for each individual that demonstrates qualifications and experience to provide the Services described in Section 2 of this RFP.

· Operational Capabilities. Proposer shall submit a list of its available operational services. Including hours of operation, after hours operation, and incident management and repair staff. Proposer shall describe the roles and responsibilities, process and quality of Dispatch, Repair, Installation and Billing. Duties to include but not limited to dispatching, installation, repair technicians (capable of serving the geographical region they are proposing), engineering resources, installation project managers, supervision, and billing.

· Maintenance and Repair. In addition to the customer service requirements listed above, Proposer must be able to dispatch maintenance or repair technicians at all times: Twenty-four (24) hours a day, seven (7) days per week, including State observed holidays.

3.1.5 Description of Products and Services meeting all requirements of Section 2 of this RFP

· Proposer must submit a list of its products and services meeting all the requirements of Section 2 of this RFP.

· Proposer is not required to provide products and/or services to the entire State. Proposer must specify in its Proposal the location(s) where Proposer will provide products and/or services, i.e .the entire State, a region of the State, a specific county or counties, a specific city or cities.

· Value-Added Products and/or Services, If the Proposer feels there are other products or services not covered by the other statewide agreements listed above that the Proposer feels would add value to the state, Proposer may offer such products and/or services. If Proposer is proposing any value-added products and/or services, Proposer shall include a statement describing these products and/or services and associated costs should be included in its price proposal.

3.1.6 Security Certification in Proposer Information and Certification Sheet (Attachment C) Proposer must certify compliance with the State’s information technology rules, policies and procedures and certify compliance with the Statewide Security Standards as set forth in the Proposer Information and Certification Sheet (Attachment C).

3.1.7 Price Proposal (Attachment E)

Proposer shall complete and submit the Price Proposal (Attachment E).

3.1.8 Reference Check Form (Attachment D)

Provide 3 references from current or former client firms for similar projects performed for any clients within the last 5 years. References must be able to verify the quality of previous, related Work.

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

Proposer shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference and sent to the SPC. Reference forms must be received prior to Opening. Reference forms not received before Opening will not be scored.

3.1.9 Service Level Guarantees

Proposer shall submit its service level guarantees for the Products and/or Services, including any original equipment manufacturer or other provider warranties or service level guarantees.

3.1.10 Underlying Agreements, if any

Proposer shall submit any additional documents required for provision of the Products and/or Services hereunder (e.g., End User License Agreement (EULA), Maintenance Agreement, etc.)

3.1.11 Master Services Agreement (Attachment A) redlines (OPTIONAL)

Proposer may submit redlines to the provisions identified as negotiable in the Sample Master Services Agreement (Attachment A).

3.1.12 COBID Certification / Outreach Plan (Attachment F)

Prior to award, the apparent successful Proposer shall complete and submit Certified Disadvantaged Business Outreach Plan (Attachment F).

3.1.13 Responsibility Inquiry (Attachment G)

Prior to award, the apparent successful Proposer shall be required to complete and submit Responsibility Inquiry (Attachment G). DAS must find that Proposer is Responsible in order to award a Master Services Agreement.

DAS may, at any time, find a Proposer to be not Responsible and excuse the Proposer from further participation in the RFP process.

3.2 SUBMISSION REQUIREMENTS

3.2.1 Proposal Page Limits

Proposal is limited to 50 pages. Any pages exceeding this limit will not be provided to the evaluation committee or considered in the evaluation. The following items do not count toward the page limit:

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check Form (Attachment D)

· Price Proposal (Attachment E)

· COBID Certification / Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Underlying Agreements and/or SLA’s

3.2.2 Proposal Format

The Proposal must address each of the items described in section 3.1 above, include each of the Attachments listed in section 3.1, and comply with all other requirements set forth in this RFP. Proposer shall describe the Products to be provided or the Services to be performed or both in a clear and straightforward manner. A Proposal that merely offers to provide the Products or Services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

The Proposal should be straightforward and address the requests of the RFP. The Proposal should not include extensive art work, 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. A Proposal containing excess marketing or advertising material may receive a lower evaluation score if specific information is difficult to locate.

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

OregonBuys Electronic Response

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

Price Proposal (Attachment E) information must be submitted as a separate electronic response file.

SECTION 4: SOLICITATION AND EVALUATION PROCESS

4.1 Public Notice

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

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

4.2 OregonBuys

4.2.1 All Proposers must be registered in OregonBuys to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For registration assistance, see vendor registration guidance.

4.2.2 PROPOSERS ARE SOLELY RESPONSIBLE FOR ENSURING THEIR VENDOR INFORMATION IS CURRENT AND CORRECT IN OREGONBUYS. DAS WILL ACCEPT NO RESPONSIBILITY FOR MISSING OR INCORRECT VENDOR INFORMATION OR ALTERNATIVE ACCESSIBILITY TO AMENDMENT(S), ATTACHMENTS AND EXHIBIT.

4.2.3 OregonBuys Assistance. Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at (855) 800-5046 or by email at support.oregonbuys@oregon.gov.

4.3 Pre-Proposal Conference

A pre-Proposal conference will be held at the date and time listed in the Schedule. Prospective Proposers’ participation in this conference is Voluntary, but participation is highly encouraged.

The purpose of the pre-Proposal conference is to:

· Provide additional description of the products and services needed;

· Explain the RFP process; and

· Answer any questions Proposers may have related to the project or the process.

The pre-Proposal meeting will be a Teams tele-conference.

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

Interested parties may participate in the Preproposal Conference by:

Microsoft Teams meeting

Join on your computer or mobile app

Click here to join the meeting

Meeting ID: 284 016 240 82 Passcode: fkw5F7 Download Teams | Join on the web Or call in (audio only)

+1 503-446-4951,,364524563# United States, Portland Phone Conference ID: 364 524 563#

4.4 Questions / Requests for Clarification

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

· Be delivered to the SPC via a OregonBuys submission and email;

· Reference the OregonBuys bid number

· Identify Proposer’s name and contact information

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

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

4.5 Solicitation Protests

4.5.1 Protests to RFP or RFP Amendment

A Prospective Proposer may submit a Written protest of anything contained in this RFP or an RFP Amendment or any of the Attachments to either, including: the RFP, the required submittals, the evaluation process, the Scope of Products and Services, the Specifications requirements, security requirements, and the terms and provisions of the Sample Master Services Agreement (Attachment A).

Protest to the RFP must be submitted by the date set forth in the Schedule in Section 1.2 and protests to Amendment(s), if issued, must be submitted by the date/time specified in the respective Amendment, or they will not be considered.

4.5.2 Protest Form

All Protests of the RFP or RFP Amendments must be sent by an Authorized Representative and must be delivered to the SPC via OregonBuys, email on or before the applicable due date. The protest must:

· Reference the OregonBuys bid number

· Identify prospective Proposer’s name and contact information

· 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

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

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

· Protests to Amendments must be received by the due date identified in the respective Amendment.

4.5.3 Protest Response

DAS will respond timely to all protests submitted by the due date and time listed in the Schedule or the respective Addendum. Protests that are not received timely or do not include the required information may not be considered.

4.6 PROPOSAL DELIVERY OPTIONS

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

· Delivery through OregonBuys

Proposal must be submitted electronically through OregonBuys at: OregonBuys.gov.

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

4.7 PROPOSAL MODIFICATION OR WITHDRAWAL

If a Proposer wishes to make modifications to a submitted Proposal it must submit its modification in one of the authorized methods listed in the Proposal Delivery Options section. To be effective the notice must include the 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 or hard copy prior to closing in accordance with OAR 125-247-0440. To be effective the notice must include the RFP number.

4.8 PROPOSAL DUE

A Proposal (including all required submittal items) must be received by the SPC on or before Opening. All Proposal modifications or withdrawals must be received prior to Opening. There will be no public Opening of Proposals. Proposals received will not be available for inspection until after the evaluation process has been completed and the Notice of Intent to Award is issued pursuant to OAR 125-247-0630. However, DAS will record and make available the identity of all Proposers after Opening.

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

4.9 PROPOSAL REJECTION

DAS 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 undisclosed liquidated and delinquent debt owed to the State or any agency, board, commission, department or division of the State.

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

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

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

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

4.10 EVALUATION PROCESS

4.10.1 Responsiveness Determination

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

4.10.2 Evaluation Criteria

Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change and DAS may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculation section.

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

4.10.3 PREFERENCES

· Reciprocal Preference

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

· Recycled Materials

In comparing Goods from two or more Proposers, if at least one Proposer offers products manufactured with Recycled Materials, and at least one Proposer does not, DAS will select the Proposer offering Products manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

· Tiebreakers

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

4.11 POINT AND SCORE CALCULATIONS

Scores are the points assigned by each evaluator. The maximum points possible for each evaluation item are listed in the table below.

Scores:

4.12 RANKING OF PROPOSERS

The SPC may conduct an evaluation committee meeting at the end of the independent evaluation and the evaluators may review their scores. An evaluator may change a score up until the time the SPC has requested final scores. If an evaluator elects to change any score, the evaluator must date and initial the change and include a reason for the change. The SPC will ask for final scores at the end of the meeting. The evaluator’s final score will be the score the SPC will document.

The SPC will average the final scores for each Proposal (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members). The SPC will combine the average score for each Proposal with Proposer’s price score, if evaluated separately. After preferences, if any, have been applied, the SPC will describe the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

At the conclusion of the evaluation, DAS may determine an Apparent Successful Proposer at any time during the solicitation process, with no additional rounds of competition.

Or, in the alternative, DAS may choose to declare a competitive range as set forth below and conduct additional round(s) of competition, if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Interviews

· Presentations/ Additional Submittal Items

· Discussions and submittal of revised Proposals

· Serial or simultaneous negotiations

· Best and Final Offers

If additional rounds are conducted, DAS will rank advancing Proposers at the conclusion of each subsequent round.

4.13 COMPETITIVE RANGE

4.13.1 Competitive Range Determination

If DAS determines that another round of competition is necessary after the initial round, DAS will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range after the initial round may include all or some (based primarily on a natural break in the distribution of scores), of the Proposers from the initial round provided the Proposer has scored at least 750 points. DAS will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

If DAS elects to conduct further rounds after round two, the Competitive may include all or some (based primarily on a natural break in the distribution of scores), of the Proposers from the previous round.

4.13.2 Competitive Range Protest

Any Proposer excluded from a round may submit a Written protest of Competitive Range. Protests must be sent by an authorized representative, be mailed to the SPC, be received within 7 calendar days after issuance of the Notice of Competitive Range (unless a different dues date and time is specified in such notice), and must:

· Reference the OregonBuys bid number;

· Identify Proposer’s name and contact information;

· State the reason for the protest.

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

4.13.3 SCORING AND RANKING OF PROPOSERS

The SPC may conduct an evaluation committee meeting at the end of any round and the evaluators may review their scores. If the SPC elects to conduct an evaluation committee meeting, the SPC will ask for final scores at the end of the meeting.

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

DAS will rank all Proposers at the conclusion of the evaluation and scoring and may determine an apparent successful Proposer with no additional rounds of competition.

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

SECTION 5: AWARD AND NEGOTIATION

5.1 AWARD NOTIFICATION PROCESS

5.1.1 Award Consideration

DAS, if it awards one or more Master Services Agreements, shall award Master Services Agreement(s) to the Responsive and Responsible Proposer(s) who score at least 750 points based upon the scoring methodology and process described in Section 4. DAS may award less than the full Scope defined in this RFP.

DAS may make additional award(s) for up to 9 months following the close of this solicitation utilizing a shortened solicitation process.

5.1.2 Intent to Award Notice

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

5.2 INTENT TO AWARD PROTEST

5.2.1 Protest Submission

An Affected Proposer shall have 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 Proposer would be eligible for award of a Master Services Agreement in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

· All higher ranked Proposals are non-Responsive.

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

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

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

If DAS receives only one Proposal, DAS may dispense with the intent to award protest period and proceed with contract Negotiations and award.

· Protest Requirements Protests to the Intent to Award, if any, must be delivered to the SPC via email or hard copy, must be signed by an Authorized Representative, and must be received within 7 calendar days of the date of the Notice of Intent to Award, and must:

· Reference the RFP number

· Identify prospective Proposer’s name and contact information

· Specify the grounds for the protest

5.2.2 Response to Protest

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

5.3 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

5.3.1 Insurance

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

5.3.2 Taxpayer Identification Number

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

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 Master Services Agreement. Information about these requirements may be found at http://sos.oregon.gov/business/pages/register.aspx.

5.3.4 Nondiscrimination in Employment

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

5.3.5 Pay Equity Certification

If selected for award and the Master Services Agreement value exceeds $500,000 and Proposer employs 50 or more full-time workers, Proposer shall submit to DAS a true and correct copy of an unexpired Pay Equity Compliance Certificate, issued to the Proposer by the Oregon Department of Administrative Services.

ORS279B.110(2)(f) requires that Proposer provide this prior to execution of the Master Services Agreement.

For more information on the pay equity law, see the Bureau of Labor and Industries site at: https://www.oregon.gov/boli/TA/Pages/FactSheetsFAQs/PayEquity.aspx

5.4 CONTRACT NEGOTIATION

5.4.1 Negotiation and Award of Master Services Agreement(s)

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

While the State is willing to negotiate in good faith and it may be possible to negotiate some provisions of the final Master Services Agreement, the State is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased price to the State.

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

Only the following provisions of the Sample Master Services Agreement are negotiable:

· Descriptions of Products and/or Services

· Security Requirements

· Compensation or prices

· Ownership of intellectual property; licensing terms

· Indemnity

· Limitation of Liability

· Insurance

· Warranties

· Performance metrics and service levels

· Length of Agreement

In the event that the parties have not reached mutually agreeable terms within 30 calendar days of the date of the Notice of Intent to Award or such other date as agreed to by the parties, DAS may terminate Negotiations and commence Negotiations with the next highest ranking Proposer.

5.4.2 Shortened Solicitation Process

From time to time, DAS may add Products and/or Services to an existing MSA or enter into new MSAs with other contractors upon the occurrence of one of the following conditions (“Condition” or “Conditions”):

· There is no MSA available for a type of Product or Service; or

· There is only one (1) MSA available for a type of Product or Service; or

· There is more than one (1) MSA available for a type of Product or Service but a change in circumstances has taken place, including: a change in market conditions, a Contractor needs to be replaced due to poor performance, or a Contractor goes out of business. Poor performance will be determined by DAS with input from Authorized Purchasers.

After award of the initial MSAs, DAS may establish new MSAs for Products or Services on an as-needed basis from time to time in order to fulfill a Condition(s). This will be conducted as an objective written shortened solicitation process. This process will start with an announcement on OregonBuys (“Notice”) to be advertised for a time period which DAS deems reasonable under the circumstances. The Notice will include, but not be limited to, a description of the Services required, response submission requirements, form MSA, evaluation criteria/selection process, and a collective protest period. At no time will the term, including all available renewal options, of any new MSA established under this section exceed ten (10) years commencing from the effective date of the first MSA awarded as a result of the initial RFP.

5.4.3 Selection of Contractor and Award of Contract

The MSAs awarded under this RFP are not exclusive. From time to time, Authorized Purchaser may purchase Products and/or Services from a Contractor or other contractors pursuant to the following a best value selection process as described in Attachment A, Sample Master Services Agreement.

SECTION 6: MISCELLANEOUS

6.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, DAS encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. DAS also encourages joint ventures or subcontracting with certified small business enterprises. For more information please visit https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the Master Services Agreement has potential subcontracting opportunities, the successful Proposer shall 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 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 record and are subject to public inspection after DAS issues the Notice of the Intent to Award. Application of the Oregon Public Records Law will determine whether any information is actually exempt from disclosure.

All Proposals submitted in response to this RFP become the Property of the State. 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 an agreement, if awarded to Proposer, or as otherwise needed to administer the RFP process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

6.4 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES

Pursuant to ORS 279B.100, DAS 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, as determined by DAS. Neither the State nor DAS is liable to any Proposer for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the RFP, award, or rejection of any Proposal.

6.5 COST OF SUBMITTING A PROPOSAL

Proposer shall pay all the costs in submitting 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, or costs associated with protests.

6.6 STATEWIDE E-WASTE/RECOVERY POLICY

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 delivery of the Products or the performance of the Services set forth in this document and the subsequent Master Services Agreement. (ORS 279B.025)

6.8 CHECKLIST DISCLAIMER

Any checklists that may be contained in this RFP are provided only as a courtesy to prospective Proposer. DAS makes no representation as to the completeness or accuracy of any Checklist. Prospective Proposer is solely responsible for reviewing and understanding the RFP and complying with all the requirements of this RFP, whether listed in a checklist or not. Neither the State nor DAS is liable for any claims, or subject to any defenses, asserted by Proposer based upon, resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.

ATTACHMENT A

SAMPLE MASTER SERVICES AGREEMENT

see Attached Document

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 constitutes “Trade Secrets” under the Uniform Trade Secrets Act as adopted in Oregon or is otherwise exempt from public disclosure (“Exempt Information”) under Oregon’s Public Records Law as specifically designated on Exhibit A.

5. I understand that disclosure of the information referenced in Exhibit A 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):

Provision or Item Statutory Reference for

Claimed Exemption

ATTACHMENT C

PROPOSER INFORMATION AND 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 he/she is an authorized representative of Proposer and that:

6. Proposer understands and accepts the requirements of this RFP. Proposer acknowledges receipt of any and all Amendments to this RFP.

7. By submitting a Proposal, Proposer agrees to be bound by the terms and conditions in the Sample Master Services Agreement (Attachment A), as may be modified by RFP Amendment or are marked for negotiation in the RFP.

8. The Proposal is a Firm Offer for 180 days following the Opening or until such time as the parties have entered into a Master Services Agreement.

9. If awarded a Master Services Agreement, Proposer agrees to provide Products and Services that meet or exceed the requirements or performance standards set forth in the RFP and Sample Master Services Agreement (Attachment A).

10. Proposer certifies that:

a. all staff who will have access to State systems, facilities, data, and confidential information will submit to all security checks requested by DAS or any Authorized Purchaser, which may include any combination of fingerprinting, Oregon Law Enforcement Data Systems (“LEDS”) and Federal Bureau of Investigation Criminal Justice Information Services (“FBI CJIS”) background checks; and

b. if requested, Proposer and Proposer’s staff will sign a non-disclosure agreement for any and all data or information received or processed on its equipment from the State of Oregon; and

c. Proposer will protect at all times State of Oregon sensitive material; and

d. Proposer shall comply with all Authorized Purchaser rules, policies and procedures relative to network access and facility access; and

e. Proposer shall comply with the following State of Oregon’s security standards as set forth in the following:

· Privileged Access Monitoring and Reporting viewable at: https://www.oregon.gov/das/Policies/107-004-140.pdf

· Statewide Information and Cyber Security Standards viewable at: https://www.oregon.gov/das/OSCIO/Documents/2019StatewideInformationAndCyberSecurityStandardsV1.0.pdf

· Statewide Cloud Computing policy: http://www.oregon.gov/das/policies/107-004-150.pdf

11. The undersigned has 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 305.380(4), ORS 305.620 and ORS chapters 316, 317 and 318.

12. Proposer has no undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments or divisions.

13. Proposer certifies, following a reasonable inquiry for purposes of this representation, that Proposer does not use telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, that are prohibited under ORS 276A.418(3) or Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Public Law 115-232 (hereinafter, the NDAA), regardless of whether such use is in Contractor’s performance under this Master Services Agreement or any Contract.

14. 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…