RFP Microfilm Digitization Project.docx

RFP S-16500-00010751 – SOS Corporation Microfilm Digitization Project

State of Oregon

OREGON SECRETARY OF STATE

Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-16500-00010751 for Microfilm Digitization Project

Date of Issue: June 18, 2024 Opening Date and Time: July 9, 2024 at 2:00 PM PST Single Point of Contact (SPC): Chalyce MacDonald, Procurement & Contract Specialist

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

RFP S-16500-00010751 – SOS Corporation Microfilm Digitization Project

SoS Version Dated 01/09/2024 Page 1 of 19

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through the Secretary of State’s Office, Corporation Division (“Agency”), is issuing this Request for Proposal for the purpose of digitizing an estimated 4.2 million public documents from microfilm. This number is a high estimate of total individual page images, based upon assumed capacity of the reels of film. Some complete documents are a single page image, while others may consist of several combined page images.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

Agency anticipates the award of one Contract from this RFP. The initial term of the Contract is anticipated to be 3 years with options to renew as permitted by applicable statute or rule.

SCHEDULE

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

OREGONBUYS

This RFP, including all amendments, attachments, and exhibits is posted on OregonBuys at https://oregonbuys.gov. RFP documents will not be mailed.

OREGONBUYS ASSISTANCE/REGISTRATION INFORMATION

Parties needing assistance with OregonBuys may contact the OregonBuys Helpdesk by telephone at 1.855.800.5046 or by email at support.oregonbuys@oregon.gov.

Current and correct registration information is the sole responsibility of the registered party. Agency accepts no responsibility for missing or incorrect information.

SINGLE POINT OF CONTACT (SPC)

The single point of contact for this RFP is identified is identified on the Cover Page. 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.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this RFP pursuant to its authority under ORS 279A.050(4).

Agency is using the Competitive Sealed Proposals method, pursuant to ORS 279B.060 and OAR 137-047-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Quotes; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Quotes.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words will refer to the following definitions.

General Definitions Capitalized terms not specifically defined in this document are defined in OAR 137-046-0110.

OVERVIEW AND PURPOSE

0. Division Overview and Background The Corporation Division maintains Oregon’s state business and nonprofit registry, is the designated filing office for Uniform Commercial Code filings, responsible for commissioning Oregon notaries, and provides authentications/apostille services, assists the public to start a business, become a notary or file a lien on personal property. The division also oversees the Office of Small Business Assistance (OSBA). The OSBA team provides information to support businesses and nonprofits (0-100 employees) as they start, grow, or close a business; and provides assistance for those who encounter government barriers.

Purpose The purpose of the digitization project is to convert an estimated 4.2 million public documents from microfilm (dated 1976-2009) to a digital format that can be easily accessed online within minutes. Currently, the process to access these records requires the customer to locate the request form online, print, complete the form, and send to the division or submit it in-person. Once the division receives the request, a staff member locates the documents, creates a legible copy, and mails it or provides them in-person.

These records are stored within the Public Service Building and have 50-60 years of life stored in a fluctuating environment. Our records are currently in the 49th year. Some images are deteriorating and make it difficult to provide clear documents to the customer.

In years past, the division attempted to complete this project in-house, but was not able to accomplish the project due to the capacity of the staffing levels during that time. The digitizing project will allow us to provide on-demand access to over 4.2 million documents; eliminating the need to contact the division and enhance customer experience. Due to the volume of images, the Agency may need to approach this project as a phased approach.

SCOPE OF WORK/SPECIFICATIONS

The scope of this RFP is to scan images from microfilm roll into a PDF output format. The PDF images need to be indexed through the metadata fields Registry Number and Filed Date. The estimated number of images is 4.2 million on microfilm (rolls or reels). The scope includes but is not limited to the following:

Pickup and Delivery of Microfilm Load contents of filing cabinets located within the Corporation Division Area located at 255 Capital Street NE Suite 151 Salem, OR 97310 into boxes and transport to scanning location.

Transport digitized format to Agency in batches of 1 TB (pdf and meta data in csv formatting) and return the boxed contents to the Agency upon completion.

Scanning and Indexing Scan images from microfilm roll and convert them into PDF output format.

Index metadata fields from the image, required fields are Registry Number and Filed Date.

Additional fields to be considered for indexing are Assumed Business Name (ABN) versus Entity name, and Entity Type.

Redact PCI Compliance data such as Social Security Numbers, Federal Employer Identification Number and Credit Card Numbers.

Quality Control Review scanned images and ensure images are of acceptable quality. Black and white scanning is suitable for all populations of film. Image resolution must be at least 200 DPI.

Image corrections shall be completed to de-skew and correct light/dark adjustments.

Provide 100% content verification of checking the scanned images against the original record to ensure each page of each document was scanned (measured by page count).

Review and correct errors located in the PDF images. The types of errors that must be corrected are:

· the page was not scanned

· portion of the page not captured

· speckle on image background

· incorrect orientation The Successful Proposer shall meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that the Agency is purchasing under this RFP.

PROCUREMENT REQUIREMENTS

MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

Experience:

Proposer must have 5 years’ experience managing projects similar in size and scope to the Microfilm Digitization services requested in this RFP.

Customers:

Proposer must have 3 current or prior customers of similar size using the digitization services proposed in response to this RFP, or substantially similar services.

MINIMUM SUBMISSION REQUIREMENTS

Proposal Format and Quantity Proposal should follow the format and reference the sections listed in the Proposal Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Proposal must describe in detail how requirements of this RFP will be met and may provide additional related information.

The proposal must include information responsive to the items in the Proposal Content Requirement Section. The proposal file as outlined in Section 4.1.1 may not exceed a total of 20, 8.5” x 11” pages. Proposals shall be Microsoft 365 compatible or searchable Adobe format and shall not be more than 50MB. Proposals exceeding 20 pages will be truncated and only the first 20 pages will be evaluated.

In addition, if Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal, clearly identified as the redacted version.

Authorized Representative A representative authorized to bind the Proposer shall sign the Proposal. Failure of the authorized representative to sign the Proposal may subject the Proposal to rejection by Agency.

0.1 PROCUREMENT PROCESS

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

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

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 an OregonBuys submission or email;

Reference the OregonBuys bid number;

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.

Pre-Proposal Conference There will be no pre-proposal conference for this RFP.

Solicitation Protests

0.1.1.1 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 proposed Contract. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except for protests of Addenda and negotiation of the terms and conditions of the proposed Contract, as provided below.

0.1.1.2 Protests to Addenda

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

0.1.1.3 Protests must:

Be emailed to the Chief Procurement Officer at Purchasing.SOS@sos.oregon.gov;

Reference the RFP number;

Identify prospective Proposer’s name and contact information;

Be signed 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.

· 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; and Protests to Addenda must be received by the due date identified in the respective Addenda.

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

Proposal Modification or Withdrawal Any Proposer who wishes to make modifications to a submitted Proposal, the Proposer must submit its modification in the manners listed in the Proposal Submission Instructions section and must denote the specific change(s) to the Proposal submission. To be effective the modification must include the OregonBuys bid number and be submitted to the SPC prior to Opening.

If a Proposer wishes to withdraw a submitted Proposal, it shall do so prior to Closing. The Proposer shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Proposal in accordance with OAR 137-047-0440. The notice must include the OregonBuys bid number and be submitted to the SPC.

Proposal Due Proposals and all required submittal items must be received in OregonBuys on or before Closing. Proposals received after Closing will not be accepted. All Proposal modifications or withdrawals must be completed prior to Closing.

Proposals received after Closing are considered LATE and will NOT be accepted for evaluation.

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 in ink.

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

Proposer makes any contact regarding this RFP with Agency representatives such as Agency 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 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.

Opening of Proposals A public Opening will be held via Teams at the following link: https://shorturl.at/n8mfB. 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 137-047-0630.

0.2 PROPOSAL CONTENT 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.

Proposers Qualifications and Experience Describe proposer’s qualifications and experience as it relates to the needs described in the RFP.

Key Persons Qualifications and Experience.

Provide the qualifications and experience of the key team member(s) who will work on the project. Emphasize the specific qualifications and experience from projects similar to this project for the key team members. Key team members are expected to be committed for the duration of the project. Replacement of key team members will not be permitted without prior consultation with and approval of the Agency.

Approach and Management Plan.

Describe the approach and management plan for providing the services. Provide a comprehensive management plan that the Proposer intends to follow. Illustrate how the plan will serve to coordinate and accomplish the Work. Include an organizational chart showing the proposed relationships among proposer staff, Agency staff and any other parties that may have a significant role in the delivery of this program.

Staffing Plan.

Provide a staffing plan and an estimate of the total hours, detailed by position, required for the project tasks as outlined. Discuss the workload for all key team members and their capacity to perform the requested services for the project, according to your proposed schedule.

Work Plan and Schedule.

Describe how you will perform each task of the project, identify deliverables for each task and provide a schedule. The work plan should be in sufficient detail to demonstrate a clear understanding of the project. Discuss the approach for completing the requested services for the project deadlines. The schedule should show the expected sequence of tasks and include durations for the performance of each task, milestones, submittal dates and review periods for each submittal. The project is expected to commence no later than August 1, 2024 and all public meetings, draft and final documents fully completed by December 31, 2026.

Cost Control.

Provide information on how you will control project costs to ensure all work is completed within the negotiated budget for the project. Include the name and title of the individual responsible for cost control.

Cost Methodology Propose a cost methodology for the proposed solution. Do not include any actual cost information in this portion. This section will evaluate the methodology only. The cost, which must be calculated based on the methodology proposed in this section, will be evaluated in the Cost Proposal section.

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

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

Proposer must submit references using Attachment D. Proposers not submitting references as instructed will receive a score of zero for the reference category.

Cost Proposal.

The Cost Proposal shall include all labor and materials estimated to complete the project as outlined in Section 2.4. Proposer must submit Cost Proposal using Attachment E: Cost Proposal Submission Form. Please complete the table as needed to show breakdown of anticipated cost.

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

Public Record/Confidential or Proprietary Information All Proposals are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If a Proposer believes that any portion of its Proposal contains any information that is a trade secret under ORS Chapter 192.501(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.410 through 192.505), Proposer shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Proposal.

Proposer is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.410 through 192.505) and identifying the Proposal, in whole, as exempt from disclosure is not acceptable. Agency advises each Proposer to consult with its own legal counsel regarding disclosure issues.

If Proposer fails to identify the portions of the Proposal that Proposer claims are exempt from disclosure, Proposer has waived any future claim of non-disclosure of that information.

SUBMISSION REQUIREMENTS

PROPOSAL FORMAT

Files need to be named and proposals need to be structured and uploaded into OregonBuys as follows:

[vendor name] proposal.pdf This document is to include the following sections:

3.4.1 – Proposer Qualifications and Experience

3.4.2 – Key Persons Qualifications and Experience

3.4.3 – Approach and Management Plan

3.4.4 – Staffing Plan

3.4.5 – Work Plan and Schedule

3.4.6 – Cost Control

3.4.7 – Cost Methodology [vendor name] additional documentation.pdf This document is to include the following sections:

3.4.10 – Disclosure Exemption Affidavit (optional) (Attachment B)

3.4.11 – Proposer Information and Certification Sheet (Attachment C)

3.4.8 – Reference Check Form (Attachment D)

3.4.9 - Cost Proposal (Attachment E)

PROPOSAL SUBMISSION INSTRUCTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any 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:

Proposal submission should be electronically through OregonBuys at: OregonBuys.gov Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

EVALUATION PROCESS

0.3 RESPONSIVENESS AND RESPONSIBILITY DETERMINATION

Proposals received prior to Closing will be reviewed for Responsiveness to all RFP requirements including compliance with the Proposal 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, Agency may waive mistakes in accordance with OAR 137-047-0470.

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

Proposals meeting the requirements outlined in the Proposal Content Requirements section will move into Round 1 evaluation.

0.4 EVALUATION CRITERIA

Proposals meeting the requirements outlined in the Proposal Content Requirements section will be independently evaluated by each member of an Evaluation Committee. Evaluators will assign a score of 0 to 10 for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposals. 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.

Proposer Qualifications and Experience How well does Proposer’s qualifications demonstrate its ability to deliver successful Services?

How well does Proposer’s experience demonstrate its ability to deliver successful Services?

Key Persons Qualifications and Experience How well do the proposed Key Persons qualifications demonstrate their ability to deliver successful Services?

How well do the proposed Key Persons experience demonstrate their ability to deliver successful Services?

Approach and Management Plan How well does the proposed approach align with Agency needs?

How well does the proposed management plan demonstrate a thorough understanding of the project?

How well does the organizational chart demonstrate necessary relationships?

How well does the plan address anticipated and unanticipated risks involved in an implementation of this type and scale?

How well does the plan address the communication needed in a project of this type and scale?

Staffing Plan How well does the proposer’s estimate demonstrate a thorough understanding of the project?

How well does the proposed project team demonstrate that the project will be properly staffed.

Work Plan and Schedule How well does the Work Plan and Schedule demonstrate a thorough understanding of the project?

How well do the deliverables, tasks, milestones, etc. align with the needs of Agency?

Cost Control How well does Proposer’s cost control approach demonstrate their ability to deliver the project within the negotiated budget?

Cost Methodology How well does the cost methodology demonstrate value to Agency?

References

· Were references included in the proposal using the attachment provided?

Cost Evaluation The SPC will conduct the cost evaluation. The SPC will award cost points to each Cost Proposal based upon the percentage of the proposed cost as compared to the lowest Proposer’s cost using the following formula:

cost being scored

NEXT STEP DETERMINATION

Agency may determine Apparent Successful Proposer at the conclusion of Round 1 evaluation or may conduct additional rounds of evaluation if in the best interest of the Agency. Additional rounds of evaluation may consist of, but will not be limited to:

Presentations/Demonstrations/Additional Submittal Items Interviews Best and Final Offer Competitive Range Determination If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round. Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

0.5 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

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

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

0.6 RANKING OF PROPOSERS

SPC will rank all Proposers advancing through all rounds of evaluation. After each applicable preference has been applied, the SPC will rank order the Proposals based on the final scores for each Proposal, with the Proposal receiving the highest score receiving the highest rank.

AWARD AND NEGOTIATION

0.7 AWARD NOTIFICATION PROCESS

Award Consideration Agency, if it awards a Contract, shall award a Contract to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 5. Agency may award less than the full Scope defined in this RFP.

Intent to Award Notice Agency will notify all Proposers in Writing that Agency intends to award a Contract to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

0.8 INTENT TO AWARD PROTEST

Protest Submission An Affected Offeror shall have 7 calendar days from the date of the intent to award notice to file a Written protest.

A Proposer is an Affected Offeror 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 intent to award protest period and proceed with Contract Negotiations and award.

0.8.1.1 Protests must:

Be emailed to the Chief Procurement Officer at Purchasing.SOS@sos.oregon.gov.

Reference the RFP number Identify prospective Proposer’s name and contact information Be signed by an authorized representative Specify the grounds for the protest Be received within 7 calendar days of the intent to award notice

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 may not be considered by Agency.

0.9 APPARENT SUCCESSFUL PROPOSER SUBMISSION REQUIREMENTS

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

6.3.3 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.

9. 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.

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.

[Option delete if contract less than $500,000] Nondiscrimination in Employment As a condition of receiving the award of a Contract under this RFP, Proposer must certify by its Signature on Attachment C - Proposer Information and Certification Sheet, in accordance with ORS 279A.112, that it has in place a policy and practice of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. The policy and practice must include giving employees a written notice that the policy both prohibits, and prescribes disciplinary measures for, conduct that constitutes sexual harassment, sexual assault, or unlawful discrimination.

0.10 CONTRACT NEGOTIATION

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

Proposer shall review the attached Sample Contract and note exceptions.

Proposer must submit those exceptions to Agency during the Questions / Requests for Clarification period set forth in Section 1.2. Unless Agency agrees to modify any of the terms and conditions, Agency intends to enter into a Contract with the successful Proposer substantially in the form set forth in Sample Contract (Attachment A).

It may be possible to negotiate some provisions of the final Contract; however, Agency is not required to make any changes and many provisions cannot be changed. Proposer is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State. Therefore, Agency will consider the Scope of requested exceptions in the evaluation of Proposal.

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

Agency is willing to negotiate all items, except those listed below:

Governing Law Jurisdiction and Venue Constitutional requirements and limitations In the event that the parties have not reached mutually agreeable terms within 60 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest-ranking Proposer.

ADDITIONAL INFORMATION

0.11 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.

0.12 OWNERSHIP/PERMISSION TO USE MATERIALS

All Proposals submitted in response to this RFP become the Property of Agency. By submitting an Proposal in response to this RFP, Proposer grants the Agency 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 192.410 through 192.505). Proposals, including supporting materials, will not be returned to Proposer unless the Proposal is submitted late.

0.13 CANCELLATION OF RFP; REJECTION OF PROPOSALS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency 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 Agency, as determined by Agency. Agency 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.

0.14 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.

0.15 RECYCLABLE PRODUCTS

Proposer shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

PREFERENCES

Reciprocal Preference For evaluation purposes per ORS 279A.120(2)(b), Agency shall add a percent increase to each out-of-state Proposer's Quote price that is equal to the percent preference, if any, given to a Resident Proposer in the Proposer's state.

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

Tiebreakers Oregon Supplies: If Agency receives Quotes 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.

STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Proposer shall include information in its Quote 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.

BUSINESS INCLUSION AND DIVERSITY

Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (COBID). 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:

LIST OF ATTACHMENTS AND EXHIBITS

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